Q: Is it legal to block a long-accessible public trail on private property in CA?
Is it legal for someone to block a trail that has been accessible to the public for many years in California? The trail crosses a corner of private property, but it has always been open to public access. The city informed me that the community association manages the trail, and the city itself has no oversight. I haven't found any information about formal easements or agreements, and I haven't contacted the community association yet. What does the law say about this situation?
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A:
In California, if a trail crossing private property has been consistently open and used by the public for many years, it's possible that a "prescriptive easement" has been established. Prescriptive easements happen when the public uses a path openly, notoriously, continuously, and without permission from the property owner, typically for at least five years.
If such an easement exists, the property owner likely cannot legally block the trail, even if there's no formal agreement or documented easement. To legally close or restrict access, the owner would typically need to prove that the public use was permitted by explicit permission or that the use was intermittent or hidden enough not to meet the criteria for a prescriptive easement.
Since the city directed you to the community association, your next step should be contacting them to determine if there's any informal or undocumented arrangement. It's also worthwhile to research the trail's history to gather evidence of long-standing public use.
If your conversations with the association don't resolve the issue, you may need to consult a local real estate or property attorney to understand your rights and potential actions clearly. Taking these steps will help ensure the trail remains accessible if there's indeed a prescriptive right established by the community.
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