My question involves real estate located in the State of: California.
For over 20 years (which is how long I've lived here so it has probably been in place for much longer), our neighborhood has had access to playgrounds and fields at an adjacent school. The property is owned by the local school district and used to be a public school (but it is now leased and used by a private Christian school). Our nearest park is over a 1/2 mile away so we have traditionally used this space as park space during non-school hours and events. This means, use of the playground facilities for neighborhood children to socialize and play and use of the basketball courts and fields for exercise and play.
Recently, the private school decided to install a gate that blocks the access to the playgrounds and fields from our neighborhood. They have stated that they have done this for safety reasons but I think there could be a solution that addresses all concerns (e.g. a gate that is locked only during school hours).
Is there any legal recourse for the neighborhood to claim a prescriptive easement for access to the playgrounds/fields?
Thanks for any assistance as we are sad to lose this benefit for our family and neighbors.
For over 20 years (which is how long I've lived here so it has probably been in place for much longer), our neighborhood has had access to playgrounds and fields at an adjacent school. The property is owned by the local school district and used to be a public school (but it is now leased and used by a private Christian school). Our nearest park is over a 1/2 mile away so we have traditionally used this space as park space during non-school hours and events. This means, use of the playground facilities for neighborhood children to socialize and play and use of the basketball courts and fields for exercise and play.
Recently, the private school decided to install a gate that blocks the access to the playgrounds and fields from our neighborhood. They have stated that they have done this for safety reasons but I think there could be a solution that addresses all concerns (e.g. a gate that is locked only during school hours).
Is there any legal recourse for the neighborhood to claim a prescriptive easement for access to the playgrounds/fields?
Thanks for any assistance as we are sad to lose this benefit for our family and neighbors.
Creation: Do Neighboring Property Owners Have the Right to Use a School Playground
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