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post #1 of 29 (permalink) Old 06-28-2019, 01:50 PM Thread Starter
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Recent Post Has Me Thinking.......

A recent post in another forum about 'Right Of Way Access' has got me thinking about what I have been dealing with at my house. To start, I added a picture to give a visual so people can better understand what I am talking about. I live beside my cousin and we both live near train tracks. She allows the rail company to access the tacks by an access road that runs though her property for track maintenance, ect.

Her property is the brown and mine is the blue. The red is the access road used by the rail company to access the train tracks which are in black.



The issue(s) are this.

1. My cousin is an older person who lives alone and she can look out her back window and actually see the access road. Guess who she calls when she looks out the window and see's a non-railroad vehicle parked on the road? Me. She wants me to walk back and basically tell the person to leave. Most of the time the car's belong to people who want to watch the trains go by, usually out-of-state vehicles, sometimes it's a young kid doing whatever. The other day a guy on a motorcycle parked there and smoked a cigarette. Either way, she doesnt want anyone else on this road because of fear, and I dont blame her because she owns the land.

2. A lot of times people will use this road to dump garbage, debris or whatever. This is something I cant stand for so I myself always feel the need to patrol.

3. A couple of year's ago we actually found a car parked of a known drug user. We walked the surrounding woods and never did find the person, and the police were less than helpful. We were told that if we wanted the car towed, the landowner would have to pay to have it towed.



So my question is, Is it possible to put a gate across the road or only allow the rail company to access it? We put posted signs along the road and all around our properties, but you would be amazed how many people still drive down this road, driving past atleast 6 posted signs. But, me not being the land owner, I can only do so much to deter people from using the road.
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post #2 of 29 (permalink) Old 06-28-2019, 02:03 PM
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Heck yes, you can put a gate on it. If the railroad has the ROW, give them a key to the gate. That will keep a lot of the riff raff under control. I would be sure ATV's are not able to circumvent the gate.
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post #3 of 29 (permalink) Old 06-28-2019, 02:08 PM Thread Starter
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Heck yes, you can put a gate on it. If the railroad has the ROW, give them a key to the gate. That will keep a lot of the riff raff under control. I would be sure ATV's are not able to circumvent the gate.

So here is something I dont understand, at the end of the access road, the rail company does have a gate there with a lock, but the gate is NEVER locked. I dont understand it. I bet that on a given weekend atleast 50 dirtbikes, ATV's and Sidexsides go down this road and ride the tracks. I have no idea why the rail company never locks this gate but I guess this could be a good thing because then the traffic would detour through my property, which some still do.
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post #4 of 29 (permalink) Old 06-28-2019, 02:13 PM
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Does your cousin have a ROW agreement with the rail company? If so, review it and hold them accountable for their end of the deal. It sounds like the road is a local runabout...which will be difficult to stop now that it is established.
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post #5 of 29 (permalink) Old 06-28-2019, 02:16 PM Thread Starter
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Does your cousin have a ROW agreement with the rail company? If so, review it and hold them accountable for their end of the deal. It sounds like the road is a local runabout...which will be difficult to stop now that it is established.
That I dont know but certainly something I will ask her about.
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post #6 of 29 (permalink) Old 06-28-2019, 02:26 PM Thread Starter
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Here is a pic from rifle season where a truck went past the posted signs and actually parked.
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post #7 of 29 (permalink) Old 06-28-2019, 02:38 PM
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Is there a sign at the entrance saying it's a private road? If the posters are only along the road it could easily lead one to believe that only the land is posted. This obviously won't solve the trespassing off the road issue but may deter the more innocent intruders. Or try putting up one of these:
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post #8 of 29 (permalink) Old 06-28-2019, 02:52 PM
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is the road marked as a twp road or a town or city road? if it is you would have to check with them before you put any gates up. as someone else said talk to the railroad and see if they can help.
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post #9 of 29 (permalink) Old 06-28-2019, 02:53 PM Thread Starter
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Is there a sign at the entrance saying it's a private road? If the posters are only along the road it could easily lead one to believe that only the land is posted. This obviously won't solve the trespassing off the road issue but may deter the more innocent intruders. Or try putting up one of these:
Ha. No, the only signs are Posted signs. I will look into putting up Private Road Signs.
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post #10 of 29 (permalink) Old 06-28-2019, 03:00 PM
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If you and your cousin want to stop random folks from using the road, you will need to gate it and barricade so that ATV's cannot go around. If the rail company needs in, they will come knocking. That could lead them to lock the gate that is already there and save you a lot of trouble. The details of the ROW agreement with the rail company are important in how you can proceed legally.
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