It’s been a long time since my real estate classes but I think the term is Adverse Possession.
If someone owns a store with a parking lot and people have used that parking lot for years to drive between two adjacent apartment complexes, the owner gives up the right to put up a fence to keep them from using the lot as a shortcut.
Different jurisdictions can rule differently on the time but usual examples are 3-20 years.
The path in question should fall into adverse possession because it has been used, in an unrestricted fashion, since at least 1947.
If the owners can prove they gated it even one day a year since that time, they could have a case against the public possession.
That would depend on the state as well
New Jersey would require 20 plus years and 20 years of proof that you paid the real estate taxes on the property. That stops the claims right there.
I know we all hate NJ on here, but when it comes to easements and adverse possession laws, it has the most strict and property owner friendly laws in the country. It is the only area where NJ is the most conservative in.
> Adverse Possession
That was where I was going, at least in part.
My understanding is that judges don’t like to invoke it.
Also not sure it works with the public as suitor (as opposed to a private entity - e.g. I fenced in part of your yard 20 years ago and have maintained it and kept everyone out all those years with no objections from anyone).
I believe you are right.
Open and notorious use by the public of private property for a period of years probably varying from State to state.
They might have to come up with some form of an easement to keep it open to the public.
The land owners might be better of financially if it is taken by Emminent Domain as they will get compensation. -Tom