Concord homeowners fighting to assert ownership over trail land

CONCORD, Mass. — Estabrook Road ends in a cobblestone skirt transitioning into a dirt path — and for years it’s been a popular trail for hikers, runners, and dog walkers.

That path also runs through private property. And in recent years, homeowners along its edge have watched with concern as trail usage has increased.

“The controversy began around 2015,” said Brooks Read, whose property sits at the entrance to the trail. “When I moved in, in 1983, on a busy weekend there were two visitors. But it got to be so we’d have upwards of 50 cars, 90% of them having a dog off-leash to go into the woods.”

Read said those off-leash dogs had the potential to scare trail walkers and disrupt wildlife. Besides, the town does have an on-leash ordinance. The homeowners complained to the dog walkers and they... sued.

“We had no idea we were going to be sued,” Read said. “They sued for a public way because the dog walkers believed that if it was a public way they could go off-leash under voice control.”

The homeowners lost that case — and a subsequent appeal last month. In a statement, Town Manager Kelly Lafleur said the public has a historic right to access the trail — though motor vehicles do not.

Read fears that the latter part can legally be ignored since, in effect, the town has declared what was once part of Estabrook Road is a public road again — though the town, by decommissioning it in 1932,  has no obligation to maintain it.

Read made local headlines for the eye-catching display he put up on his property in reaction to the controversy. It’s a series of huge signs that detail the homeowners struggles

“Every one of my signs involves transcripts, depositions, newspaper clippings — and you see that nothing makes sense,” he said.

Deeper into the woods a few more signs are posted — along with a loudspeaker broadcasting a town meeting segment from eight years ago regarding the status of the trail.

One unidentified trail user said Read’s signs were an example of ‘rich, white people behaving badly.’ Another scoffed at the display and wondered how he could best aggravate the property owners.

Read said the idea that they are trying to prevent the public from accessing the trail is wrong. The concern, he said, is that hordes of hikers — and potentially ATV enthusiasts will start using the trail. And with that will come damage to the forest’s sensitive ecosystem.

“Nobody disagrees, this is our private land,” he said. “Nothing that’s happened with this lawsuit is consistent with the facts behind it.”

Read said the fight isn’t over. Tuesday, the neighbors plan to file an appeal to their appeal.

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