Fullerton Loop - singletrack r.i.p.

Discussion in 'Trail Conditions' started by pdmoore, Jul 9, 2009.

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  1. pdmoore

    pdmoore New Member

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    Couldn't find a post in this, my apologies if it's been discussed.

    We took the singletrack past Laguna Lake tonight - the one that was "closed for construction" with what I thought was a temporary detour. Well, the owner of that WALL has put in chainlink fence forcing you onto the detour and planted trees in the middle of the entire singletrack all along the backside of that WALL. With another fence at the far end. Regardless of what the construction a few doors past this place does to the trail this action has effectively closed this trail for good.

    I've been riding that singletrack since the early 90's and I bet it's been there a lot longer. Now I gotta wait for some jerk to die or move before that trail's open again.
     
  2. Shu

    Shu Active Member

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    The unfortunate part for us is that property belongs to the home owners(respectively)....according to my friend who works for the Fullerton Building Dept
     
  3. 26'er Zen Master

    26'er Zen Master S.F.B

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    sounds like a job for the nightman
     
  4. minhster

    minhster DNF'd

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    i took a real estate class back in college and i remembered that if people start to use your property as a road/access for a long period of time, it becomes part of the public and has to remain open.... something along those lines.. would that work for this as well?
     
  5. KBL

    KBL Powered by chocolate

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    ...
     
  6. Heyitsdave

    Heyitsdave Member

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    I don't even ride it:eek:. with all the caution tape and signage, I'm a little freaked:?:.
     
  7. Bryguy17

    Bryguy17 A little Shaggy

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    while I too like that trail, would you like it if hundreds of people were riding through your backyard every day? I can feel why he built the wall, and we should respect it.

    also, from what I understand, he was going to be reopening the trail, with a reroute around his property. He just wished to keep the trail away from his property to avoid the inevitable liability that is would be.

    so seriously, I miss the trail as well, but there's no need to be angry with the guy building the wall. it's his property, he can do what he wants with it. no point in whining about his (rather rational) decision on the internet.
     
  8. fargy483

    fargy483 New Member

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    well if it was open, notorius, hostile, and used for the time required by statute than it would be an easement and yes others should still have access.
     
  9. Tmac

    Tmac Lonewolf

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    Where's this Fullerton Loop that everyone always talks about? Sounds like it may be just my speed....;)
     
  10. Old and in the Way

    Old and in the Way New Member

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    The homeowner building a new wall is within his rights since it is his property ( that was the liability issue) After the vine he installs on the new wall gets established the chainlink comes down and a new trail can be run around the wall. By the way he is a nice guy who welcomes a new trail back along his new wall.

    What has happened is, since the temporary trail diverson was installed the homeowner with the big stacked wall has decided to install a chain link fence and some trees along his wall line (right in the middle of the trail). Stupid if you ask me .This obviously is to keep bikes off.

    The right people within the city have been notified to what has been done and are looking into property line boundries.The trees in question might not all be accepted due to what variety they are. Doesnt match the trail system.

    This was one of my favorite sections to ride , especially going under the big oak tree. It sucks , however im sure we can find a way to reroute this trail through all the additions once they finish.

    I'm open to suggestions
     
  11. granny ring

    granny ring Not Really Here

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    "I'm open to suggestions"

    "Reverse Eco-terrorism?:-k
     
  12. 26'er Zen Master

    26'er Zen Master S.F.B

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    no offense. (please note this moderators) Ghey!
     
  13. profnachos

    profnachos Member

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    I am completely clueless as to what is being discussed here. Which side of the lake is this? Where is this "WALL"? Where is this singletrack? Past the lake is Lakeside Drive, and Juanita Cook Trail begins if you are going clockwise. Before the lake is Bud Turner Trail (pictured below) which is a single track and I was on it today.

    [​IMG]

    Please enlighten me. Seems like I am missing something here.
     
  14. 26'er Zen Master

    26'er Zen Master S.F.B

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    you cant eat your pudding if you dont eat your meat.

    Just another brick bitches
     
  15. 26'er Zen Master

    26'er Zen Master S.F.B

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  16. eric77

    eric77 New Member

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    If the trail has been ridden for more than 5 years, which it obviously has, then you can get a public easement, which would say that anyone has a right to be on that trail even if it is on private property.
     
  17. EMrider

    EMrider New Member

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    Thankfully, property rights are not so easily trampled. Obtaining an easement is more complicated than you suggest, and quite difficult if the property owner asserts their rights in court.
     
  18. dgaspar

    dgaspar I like to burn things

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    What you guys are talking about is obtaining a "prescriptive easement". However, it is not as simple as simply using the property as the use has to be, among other things, "hostile" to the interests of the owner. In other words, if the owner permits the use, the use is not hostile and no prescriptive easement will be available. Even if an argument for a prescriptive easement is tenable, the only way to obtain and enforce such an easement is to file (and of course, win) a "quiet title" lawsuit in a court of law.
     
  19. Bryguy17

    Bryguy17 A little Shaggy

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    huh? yeah, it sucks, but that's what we get for living in paranoid socal, where personal liability no longer exists. I know I wouldn't want some noobish mountain biker crashing onto my property and suing me for all i'm worth.

    listen to Old and in the Way, he knows more than most people about this sort of thing.
     
  20. 2wheel_lee

    2wheel_lee Active Member

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    Although I do have faith in Old and in the Way, what is the diameter of the trunks of these trees that are said to be in the middle of the trail?






    Remember to always use the proper tool for the job. ;)
     
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