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Dillon resident asks Land Board to recognize implied access easement for 8-acre parcel
Summary
WG Gilbert the 3rd of Dillon asked the board to record an implied easement of necessity for an 8-acre parcel surrounded by Fish, Wildlife and Parks land, saying he currently uses an access road and seeking help from the department to clarify the record.
During the public comment period, WG Gilbert the 3rd of Dillon asked the Land Board to clarify and record an implied easement of necessity for an 8-acre parcel he owns that is surrounded by Fish, Wildlife and Parks land. Gilbert described receiving the parcel in 1973 and said customary access across surrounding land was used; he said he currently has access and wants the easement "properly recorded" to avoid future difficulty.
Board members and the Attorney General advised Gilbert about next steps. A board member asked whether the request related to an access easement; Gilbert confirmed. Attorney General Knudsen said he could not give private legal advice on behalf of citizens and recommended Gilbert consult a private lawyer; Gilbert noted he is a retired lawyer. DNRC staff said they would assist in clarifying the record. Gilbert closed by thanking the board for the opportunity to present his concern.
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