Does anyone know what the pertinent legal term is to
describe a situation where someone has had permission to use a road for a
number of years and then someone wants to take that permission away, but since
it has been an established right of way that the user has some legal right to
continue using the road? I hope that makes sense! I want to see
what Colorado laws are for this situation.
Basically, I own a boarding facility that has for some
number of years been given permission to ride down a private road to get to
another county road or to an open area for riding. It was never a problem
til someone bought and built on a lot that spans the T from the private road to
the county road. These people have 3 pit bulls and they’re annoyed
that they can’t let them roam the property (35 acres, but has 2 roads
through it, silly set up!) and the wife just had a baby and the dogs bark at
the horses and wake up the baby. Never mind their target practice,
constant chain saw running since they sell firewood alongside roads in town and
ATV that makes endless circles. He says he is revoking our permission to
ride through and will put up a cattle guard to prevent it.
I can avoid going by his house for our longer tougher rides
but the nice easy ride for first trail rides for horses or for more casual
riders is what has been lost. I certainly don’t mind giving the guy
a break while the baby is so young, but I really don’t want to lose this
trail for our casual riders or for when we have limited time, since the other
option involves climbing a pretty serious rocky hill.
So I’m hoping I can show to him that our permission is
sufficiently dated that he really can’t refuse our ability to ride
through but that we will be as polite about it as we can and certainly try to
limit the rides through in the near future.
