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.