On Sep 11, 1:50 pm, wrote:
Gene Kearns wrote:
If there is an easement permitting access,
I suspect that one moonless night, the fence's integrity would be
severely compromised.

LoL! Moonless night?? If an easement exists, the gate will come
down in broad daylight, right in front of God & EVERYbody, no prob.

Thanks for all of the replies. I did some more research with the
county and discovered more information. The easment has been used
since the 1930's. There is a map from 1930 that shows that easment
but the map was never "recorded." The resident is now suing the state
of nevada and the county. Her argument is based on the fact that the
map wasn't recorded, but the map HAS been used over and over again as
reference by the state and by the county. Another legal battle with
another resident looked into the map issue, and the map was allowed or
accepted because it's been used for so long. The resident who is
suing has another argument -- that the public land is not intended for
recreational use. The land was purchased using bond act money @
1993. The bond act was intended to purchase land that could not be
developed so that it could be maintained and kept pristine. The State
of Nevada repaired the dock at the location and installed a foot path
when they purchased the land. Legally, public lands must have
"reasonable access." It seems to me that someone intended that the
land be accessed. My friends have been using the easment since they
purchased the property in 1950. I have been using the easment
beginning in 1997. I haven't spoken to an attorney. I don't really
have the money for that.

Just to clear something up: The resident is saying that she put the
fence up in order to protect herself, but the fence only blocks the
state property which is adjacent to hers. The fence does not block
her property. On the fence is a gate with a padlock. She has made
multiple copies of the key and will give a key ONLY to the residents
that sign a paper stating that they agree that she owns the road and
the easment. She is essentially blocking only the easment and
therefor blocking access to the public land.

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.

Thanks again for all of your replies.

On Wed, 12 Sep 2007 12:13:28 -0700, sillz penned the following well
considered thoughts to the readers of rec.boats:

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.

Please let us know the outcome.....

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

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sillz wrote:
There is a map from 1930 that shows that easment
but the map was never "recorded." The resident is now suing the state
of nevada and the county. Her argument is based on the fact that the
map wasn't recorded,

Sounds like a reasonable argument to me.

but the map HAS been used over and over again as
reference by the state and by the county.

Sooooo... who owns the map? Where is it located? And how would the
general public know of its existence? ..... much less get access to
it?

The land was purchased using bond act money @
1993. The bond act was intended to purchase land that could not be
developed

Now I'm confused.
Is the strip in question "owned" by the State? I thought it was owned
by the resident with an easement across it for access to the lake.

The State
of Nevada repaired the dock at the location and installed a foot path
when they purchased the land.

Soooo.... there's not actually an easement ("easement" in this case
meaning the right to cross but not fee simple title).

Legally, public lands must have "reasonable access."

I don't know about Nevada but that's not the case everywhere. Lots of
public lands are semi or totally restricted, although that may be
irrelevant in this case.

The resident is saying that she put the
fence up in order to protect herself, but the fence only blocks the
state property which is adjacent to hers.

Have you looked at the property description on her deed (it's public
info at the courthouse)? Might take a surveyor to figure out who owns
what. But if her property description covers only the property
"adjacent" to the strip in question..... I'd think she has a problem.

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.

I second the request to let us know how it comes out.

Rick

On Sep 12, 1:13 pm, wrote:
sillz wrote:
There is a map from 1930 that shows that easment
but the map was never "recorded." The resident is now suing the state
of nevada and the county. Her argument is based on the fact that the
map wasn't recorded,

Sounds like a reasonable argument to me.

but the map HAS been used over and over again as
reference by the state and by the county.

Sooooo... who owns the map? Where is it located? And how would the
general public know of its existence? ..... much less get access to
it?

The map is the Crystal Bay Corporation's publically accessible
subdivision map dated 1931. It is on record with the city of Crystal
Bay, but it was never officially recorded with the county. The county
has historically used this same map over the years. The county and
state assert that there is implied "dedication" of the map through
historical use

The land was purchased using bond act money @
1993. The bond act was intended to purchase land that could not be
developed

Now I'm confused.
Is the strip in question "owned" by the State? I thought it was owned
by the resident with an easement across it for access to the lake.

The parcel of land containing the dock is owned by Nevada Division of
Public Lands. The resident's property is adjacent to the State
parcel. The state parcel does not have road access. The resident
owns the land in front of the State parcel as well. A foot path was
established years ago so that Nevada could maintain the land and dock.

The State
of Nevada repaired the dock at the location and installed a foot path
when they purchased the land.

Soooo.... there's not actually an easement ("easement" in this case
meaning the right to cross but not fee simple title).

As I have been told, the easment is recorded in the 1931 subdivision
map. This is the state's argument -- that the map clearly shows a
legal easement. She's arguing that the map is not legitimate because
it was never recorded with the county ... although it's been on record
with the city for over 70 years.

Legally, public lands must have "reasonable access."

I don't know about Nevada but that's not the case everywhere. Lots of
public lands are semi or totally restricted, although that may be
irrelevant in this case.

According to the transcripts I read from Nevada Division of Public
Lands staff meeting, land belonging to them must be reasonably
accessibly by the public.

The resident is saying that she put the
fence up in order to protect herself, but the fence only blocks the
state property which is adjacent to hers.

Have you looked at the property description on her deed (it's public
info at the courthouse)? Might take a surveyor to figure out who owns
what. But if her property description covers only the property
"adjacent" to the strip in question..... I'd think she has a problem.

I haven't been able to look up this information yet.

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.

I second the request to let us know how it comes out.

I'll certainly let you know the outcome!

Rick

sillz wrote:
The state parcel does not have road access. The resident
owns the land in front of the State parcel

aha! That makes a big difference. In theory, every landowner has the
legal right to access his land whether that landowner is an individual
or a State. In an access dispute, a judge will decide where and how
that access will be accomplished. It might not be convenient or
sensible or inexpensive and it might be via a totally different route,
but rest assured, there will be access for the State some way somehow.
My bet is that the State and the Landowner will work out a deal before
it goes to trial. The State may agree to pay for the easement annually
or something like that. Unfortunately, this doesn't guarantee that the
gate will come down. But this'll be interesting.
Don't forget to let us know,
Thanks,
Rick
btw, I'm not a lawyer. I'm just a broker and investor who's been
through my fair share of boundary and access disputes.

On Sep 12, 4:12 pm, wrote:
sillz wrote:
The state parcel does not have road access. The resident
owns the land in front of the State parcel

aha! That makes a big difference. In theory, every landowner has the
legal right to access his land whether that landowner is an individual
or a State. In an access dispute, a judge will decide where and how
that access will be accomplished. It might not be convenient or
sensible or inexpensive and it might be via a totally different route,
but rest assured, there will be access for the State some way somehow.
My bet is that the State and the Landowner will work out a deal before
it goes to trial. The State may agree to pay for the easement annually
or something like that. Unfortunately, this doesn't guarantee that the
gate will come down. But this'll be interesting.
Don't forget to let us know,
Thanks,
Rick
btw, I'm not a lawyer. I'm just a broker and investor who's been
through my fair share of boundary and access disputes.

Yeah, they came close to a settlement on 3 different occasions over
the past 2 years. In each case, the settlement never materialized.
When I spoke to the Nevada Lands Division, they seemed confident it
will go to trial this time. We'll see. Thanks for all the
information. Sorry you got your experience through disputes. I'll
write more after Nov. 17th!