der Mouse <mouse(_at_)Rodents(_dot_)Montreal(_dot_)QC(_dot_)CA> wrote:
I'm not so sure. In common-law jurisdictions, there is a rule which
I've seen summarized as "ancient custom has the force of law", which
has been used to do things like establish public right-of-way across
private land where an effectively-public path has existed for long
enough. It's not clear to me this would wash as a legal argument in
this context, but it's certainly not clear it wouldn't, either.
Does anyone know of any law, either way, in any jurisdiction,
bearing on that theory?
Look up "public easement".
Seth
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