> If this is a public right of way, then doesn't it take just a single surfer to come along and improve the right of way by clearing obstructions? A cordless sawzall is like $100, and bolt cutters are much less.
No, for the same reasons you can't demolish your neighbor's house the instant you found out the surveying was done wrong and it's on your property. There's a lengthy legal process involved before you get to do that.
Cutting the lock would be destruction of someone else's property. Their actions are a separate legal issue.
There is a huge difference between mistakenly building over a property line and intentionally obstructing a shared in-use right of way. Parties to a right of way generally have the right to improve and maintain it for their use. Removing a lock would be a reasonable action to maintain access of a shared right of way, similar to cutting up a downed tree, towing a parked car, etc.
No, for the same reasons you can't demolish your neighbor's house the instant you found out the surveying was done wrong and it's on your property. There's a lengthy legal process involved before you get to do that.
Cutting the lock would be destruction of someone else's property. Their actions are a separate legal issue.