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Unless the easement specifically says so, I don't see how that applies.

An easement granting public access to some land cannot possibly list all the rights that are usually allowed in public access that are retained in that case. If the easement doesn't explicitly say what clothes users of the land must wear, is the landowner allowed to exclude those not wearing a blue jumper? That would clearly be a violation of the right of access. How about excluding those that refuse to hop through on one leg? You could think of any number of other silly or more serious conditions that a landowner could arbitrarily impose. Why would saying that access is conditional on not taking photos, a right that is usually allowed on public and even private land (subject to being thrown off of it), not fall into that category?

[Edit: of course we have not seen the wording of the easement or even know for sure that it exists so this is all speculation.]




It says it on the sign.


We're discussing whether the owners have the right to do what the sign says. Saying the sign says so is circular.




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