QUESTION
Do I have the right to keep people from going under this bridge to fish or hang out?
Asked on Apr 16th, 2013 on Estate Planning - California
More details to this question:
I have a creek which borders at the back side of my property. There is also a two lane state highway that crosses this creek with a large bridge. I have land on both sides of the highway. Do I have the right to keep people from going under this bridge to fish and just hang out?
7 ANSWERS
2 Awards
It is hard to say without reviewing the title records and plat maps directly, but it is highly unlikely, unless you own the bridge, that you can prevent people from fishing there.
Answered on Apr 18th, 2013 at 4:15 PM
Thomas Edward Gates
Probably not. Look at your deed, it will identify those areas that are yours. There should be a high water mark that borders your property, making accessible.
Answered on Apr 18th, 2013 at 4:15 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
You would need to check your deed(s) to see if there is an easement on the property. If so, then you probably cannot keep people off. No trespassing signs may deter people from hanging around, but your ability to prosecute trespassers depends on the deed(s).
Answered on Apr 18th, 2013 at 4:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Need details, but is is doubtful as the roadway and bridge are doubtless public.
Answered on Apr 18th, 2013 at 4:15 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
You need to contact a real estate lawyer to determine your rights and obligation as to individuals entering your property.
Answered on Apr 18th, 2013 at 4:14 PM
The answer depends on what rights the government entity that owns the bridge has. Usually they buy the land under the highways; so, they would own the land. You would need to find out which government entity owns the bridge (probably the state or feds) and who administers it (probably the local county). Work with them on your problems.
Answered on Apr 18th, 2013 at 4:14 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Oddly enough, a very tough question. ODOT will have the right of way, or easement, for the road and the bridge, and they control that right of way. You could probably prohibit parking on your land, and post that violators will be towed possibly your local tow company would be interested in that franchise. Whatever you do, don't get crossways with ODOT over this, discuss with them. Also, get specific legal counsel before towing cars or trying to run people off, as you could end up facing criminal charges or liability if you don't have your ducks in a row.
Answered on Apr 18th, 2013 at 4:14 PM