PUBLIC RIGHT OF WAY BY PRESCRIPTIVE USE

“Where have you been?” you ask.

“I took my cats to the coast,” I reply.

“That’s ridiculous,” you say.  “Cats don’t like water.”

“Mine do, “ I say.  “They are very courageous and adventuresome.”

“You’re always bragging about your cats,” you say, “and what does a trip to the coast have to do with an article on legal advice?” you inquire.

“We gained access to the beach across private property along a public right of way that was acquired through prescriptive use by the public,” I advise.

“Isn’t that trespass?” you ask.

“My cats wouldn’t trespass, “ I say.  “They are very well behaved.”

“Huh,” you reply, contemplatively.  “Are those scratches on your arm?”

“Let me explain how a public right of way is acquired through prescriptive use by the public,” I say, changing the subject.

“That’s okay,” you say.  “I’m not that interested.  By the way, will you be back next month?” you ask.

“Maybe,” I reply.  “I’m thinking of taking my cats on a ski trip, but I am concerned about attractive nuisances once we get there.”
“Attractive nuisances?” you ask.

“Yes, attractive nuisances,” I say.  “I’ll explain later. I have to go.  I hear scratching in the living room.”

Allen Drescher has practiced law in Ashland and southern Oregon since 1973.  His practice areas include real property law and laws affecting felines, such as pet trusts and the like.   

© Allen Drescher