Prescriptive Rights- Mtbr.com
Results 1 to 7 of 7
  1. #1
    Ruby Red Slippered One
    Reputation: mtbchik's Avatar
    Join Date
    Jul 2005
    Posts
    105

    Caution;  Merge;  Workers Ahead! Prescriptive Rights

    Greetings from Telluride, CO.

    We have an old road which serves as a DH trail (but hikers use it too!) It has been on maps for more than 20 years. (First as a road, now as a trail.) This trail and another adjacent to it (which is not 20 years old) may possibly be encroached by the largest hotel built to Telluride to date. They have planned to have the main entrance to the hotel right at the junction of both of these trail heads. I know we may be fighting a losing battle over the newer trail, but does anyone know how prescriptive rights are applied to roads even if they have been abandoned for the motorized set?

    Thanks!
    --The day you stop riding is the day you die

  2. #2
    mtbr member
    Reputation: JamR's Avatar
    Join Date
    Feb 2005
    Posts
    263
    Quote Originally Posted by mtbchik
    Greetings from Telluride, CO.

    We have an old road which serves as a DH trail (but hikers use it too!) It has been on maps for more than 20 years. (First as a road, now as a trail.) This trail and another adjacent to it (which is not 20 years old) may possibly be encroached by the largest hotel built to Telluride to date. They have planned to have the main entrance to the hotel right at the junction of both of these trail heads. I know we may be fighting a losing battle over the newer trail, but does anyone know how prescriptive rights are applied to roads even if they have been abandoned for the motorized set?

    Thanks!
    There are too many variables to count when it comes to prescriptive rights or easements. Public property, private property, amount of use, continual use, and destination alternates, etc...

    Can you put up a little more information on the road/trail? Is it public or private property…are there alternate routes to the same destination…what if any current signage is in place, etc...?

    One main factor that I've read about numerous times where prescriptive easements have not succeeded was when the property owner or land manager did make attempts to curtail use of a trail, which made for a final determination that an implied consent to use the trail never existed.

    Just curious what the stat's are for your particular trail.

  3. #3
    banned
    Reputation: 29Colossus's Avatar
    Join Date
    Jun 2006
    Posts
    4,137
    Phew... as they say up here in the land of pretense... "The billionaires ran the millionaires out of Aspen, and the millionaires went to Telluride."

    No matter what you do, it will take millions to play the game.

  4. #4
    Log off and go ride!
    Reputation:
    Join Date
    Jul 2003
    Posts
    1,691
    You need to ask an attorney with experience in land and real estate issues.

    What is the history of the road? Who's was it originally and what was the original use?


    You can have private roads crossing public lands. Public roads crossing private lands. Easements. Rights-of-way. Use restrictions. Cost-share. Way too complicated to discuss here.

  5. #5
    Don't worry, be happy!
    Reputation: formica's Avatar
    Join Date
    Jul 2004
    Posts
    8,138
    ..and every state is diffferent. So what works in WA or NJ may not be appropriate in CO.

  6. #6
    Ruby Red Slippered One
    Reputation: mtbchik's Avatar
    Join Date
    Jul 2005
    Posts
    105
    It was the original access from town towards Lizard Head Pass before Hwy 146 was built. So used by miners, motorized, and now hikers/bikers/horses. There are trail markings at the top of the trail where the entrance to the hotel will be located. The developer is asking for a replat of that land from Open Space to commercial, basically because it's the flattest section of land close to their hotel. ("They paved paradise and put up a parking lot...")

    Everytime I've used the trail whether on foot or by wheels, I've seen at least one person (even at o'dark thirty in the am on my commute into town), so it gets pretty decent use. Couldn't venture a guess as to actual numbers...

    I realize that different statutes apply in different locations, but I know that prescriptive rights have worked in Colorado mainly through continuity of use (yes, did some research this weekend.)

    Any input helpful....

    Thanks!
    --The day you stop riding is the day you die

  7. #7
    mtbr member
    Reputation:
    Join Date
    Nov 2004
    Posts
    4,126
    Well, IMBA is right there in Colorado. Give them a shout. I'm not a lawyer, but with a long continuous history of public passage, I'd say it sounds likely any development should have to accomodate continued access.

Members who have read this thread: 0

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

THE SITE

ABOUT MTBR

VISIT US AT

© Copyright 2020 VerticalScope Inc. All rights reserved.