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Happy Valley Hiking Club Case Study

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Words 1995
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ISSUES PRESENTED
I. Does Happy Valley Hiking Club have a claim for a public easement by implied dedication that would require the ranchers to restore public access to Happy Valley?
II. Does Mr. Plaint have an individual claim for a private prescriptive easement to Happy against the ranchers?
III. Are the ranchers liable for any injuries to the public obtained during recreational use of Happy Valley trail?
SHORT ANSWERS
I. Happy Valley Hiking Club has a claim to a public easement by implied dedication and may enjoin the ranchers from prohibiting access to Happy Valley trail.
II. Mr. Plaint does not have an individual claim for private prescriptive easement rights and would not be able to enjoin the ranchers from prohibiting access to Happy …show more content…
Cal. Civ. Code § 1009(b) prohibits claims for public prescriptive easements from ripening. Cal. Civ. Code § 1009(a) encourages landowners to open their property to public use to supplement pre-existing state funded property. California Civil Code § 1009(a)(1) (West). California Civil Code § 1009 went into effect in 1972. The public began using Happy Valley trail in 1962, ten years before the enactment of § 1009. The ranchers would not be able to use § 1009 as a defense against a claim for public easement …show more content…
Plaint had permission to use the property as a matter of neighborly accommodation. In Clarke v. Clarke, the court held that use of the land as a matter of neighborly accommodation is a question of fact, and that the law will presume the land in question belongs to the owner and was used by permission or silent acquiescence. 133 Cal. 667, 670 (1901). This presumption is overcome by evidence of hostile or adverse use of the property. Id.
The ranchers can assert that Mr. Plaint used the property with permission. Mr. Plaint’s use of the property does not appear to be adverse or hostile as required by Clarke. He used the property as any other member of the public would. He used the property recreationally and did not establish a claim to the property. This defense is similar to the defense regarding individual claims. This defense is likely to succeed because the ranchers never objected to Mr. Plaint's use of the trail.
It is unlikely that Mr. Plaint will succeed in an individual action against the ranchers. Mr Plaint's claim based on the same facts as the Hiking Club’s action for public easement by implied dedication. The ranchers will likely prevail against Mr. Plaint’s claim by asserting the defense that Mr. Plaint shared the same rights as Happy Valley Hiking Club or claiming that they had extended neighborly accommodations to Mr.

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