Taking wood from along the road, legal?

[claydogg84]

I'm not seeing the connection. The tree grew on MY property. I have no idea where the deer came from and would have no claim to it. ???

But you would want it removed? The information I gave is factual. Not an opinion on what is or isn't yours. ROW land is not considered yours, at least not here. I suspect the same for most states/counties/towns. Feel free to call and ask you local engineering department.

 

[Bret Chase]

But you would want it removed? The information I gave is factual. Not an opinion on what is or isn't yours. ROW land is not considered yours, at least not here. I suspect the same for most states/counties/towns. Feel free to call and ask you local engineering department.

Thats NOT how it works in most states. a right of way is exactly that.... the right to cross another's property without stopping. A right of way is just one type of easement.

 

[claydogg84]

Thats NOT how it works in most states. a right of way is exactly that.... the right to cross another's property without stopping. A right of way is just one type of easement.

Is this your opinion, or fact? I'm presenting facts. Unless you also called and talked to someone about your situation, I'll disagree. Feel free to prove me wrong. Also, how do you KNOW that that isn't how it works in most states? The answer is you don't. I understand how some of you feel - "It's my land, so it's my tree!!". I get it, I really do. But in this case that sense of ownership is wrong, in my case at least.

 

[claydogg84]

Thats NOT how it works in most states. a right of way is exactly that.... the right to cross another's property without stopping. A right of way is just one type of easement.

You've also stated you have no "County" roads which is vastly different than what we have. We have state, county, and town roads - all with different ROW policies, I'm sure. Our county government is large, and a pretty strong entity.

 

[Bret Chase]

You've also stated you have no "County" roads which is vastly different than what we have. We have state, county, and town roads - all with different ROW policies, I'm sure. Our county government is large, and a pretty strong entity.

It's a New England thing... Rhode Island and Connecticut have no county governments.. at all.. Massachusetts abolished county gov'ts everywhere except the 6 counties of the Cape... NH and VT are similar to Maine... with most "county" functions being handled by the cities and towns.

If you're in Maine... and say you're "out in the county" It means you're in Aroostook county.... an area larger than 2 different states, with literally just about nothing there for the most part. Literally the middle of f'n nowhere.

 

[Stubborn Dutchman]

But you would want it removed? The information I gave is factual. Not an opinion on what is or isn't yours. ROW land is not considered yours, at least not here. I suspect the same for most states/counties/towns. Feel free to call and ask you local engineering department.

I guess they screwed up on my deed then. It clearly shows my property line and it encompass the right of way. I'll bring it to the county authorities attention right away and get that corrected! I'll tell them you said so.

 

[claydogg84]

I guess they screwed up on my deed then. It clearly shows my property line and it encompass the right of way. I'll bring it to the county authorities attention right away and get that corrected! I'll tell them you said so.

Your sarcasm doesn't make you right

 

[firefighterjake]

It's a New England thing... Rhode Island and Connecticut have no county governments.. at all.. Massachusetts abolished county gov'ts everywhere except the 6 counties of the Cape... NH and VT are similar to Maine... with most "county" functions being handled by the cities and towns.

If you're in Maine... and say you're "out in the county" It means you're in Aroostook county.... an area larger than 2 different states, with literally just about nothing there for the most part. Literally the middle of f'n nowhere.

Couple of corrections Bret.

Aroostook County is known as The County . . . capital C.

Not sure I would say there is nothing there . . . best snowmobile trails in the State, great state park, fantastic ATV trails, lots of potato and broccoli farms, great ski trails (downhill is fair, but cross country and biathalon trails are superb), some great restaurants (Lakeside and Grannys come to mind), nice place to get a ploye or poutine . . . but best of all . . . some of the nicest, friendliest folks you will ever meet in the entire State of Maine.

 

[Rock Crusher]

I can vouch for the above descriptions of The County Will hopefully be there in 5 weeks!

 

[Bret Chase]

Couple of corrections Bret.

Aroostook County is known as The County . . . capital C.

Not sure I would say there is nothing there . . . best snowmobile trails in the State, great state park, fantastic ATV trails, lots of potato and broccoli farms, great ski trails (downhill is fair, but cross country and biathalon trails are superb), some great restaurants (Lakeside and Grannys come to mind), nice place to get a ploye or poutine . . . but best of all . . . some of the nicest, friendliest folks you will ever meet in the entire State of Maine.

I was more referring to the fact that 70,000 people like in Aroostook... in an area of almost 7,000 square miles.. and half of that 70k people live in 3 towns/cities.

 

[firefighterjake]

I was more referring to the fact that 70,000 people like in Aroostook... in an area of almost 7,000 square miles.. and half of that 70k people live in 3 towns/cities.

Kinda figured you were referencing the population density.

Oh yeah ... I forgot something else that The County has ... Flying Cow.

 

[firefighterjake]

I can vouch for the above descriptions of The County Will hopefully be there in 5 weeks!

I've been told they're already sledding up north.

 

[Chimney Smoke]

Is this your opinion, or fact? I'm presenting facts. Unless you also called and talked to someone about your situation, I'll disagree. Feel free to prove me wrong. Also, how do you KNOW that that isn't how it works in most states? The answer is you don't. I understand how some of you feel - "It's my land, so it's my tree!!". I get it, I really do. But in this case that sense of ownership is wrong, in my case at least.

Do some google searches for ROW and easement information. Your facts are apparently the vast minority of all the others. The holder of the ROW or easement has no right to do anything on the property the ROW or easement is on unless it's in the document or they have permission from the landowner. I have a 500 yard ROW through my property and have done lots of research into what the folks can do on it. Basically they can maintain the road so it's drivable and they can drive on it. Anything else is my decision.

 

[claydogg84]

Do some google searches for ROW and easement information. Your facts are apparently the vast minority of all the others. The holder of the ROW or easement has no right to do anything on the property the ROW or easement is on unless it's in the document or they have permission from the landowner. I have a 500 yard ROW through my property and have done lots of research into what the folks can do on it. Basically they can maintain the road so it's drivable and they can drive on it. Anything else is my decision.

I'm not going to do any Google searches for anything. I went to the correct source, which isn't Google, and gave the OP factual information. Everyone's situation could be different, hence why I suggested he get in touch with the correct governing body with any questions.

 

[hoverwheel]

I invite anyone to stop paying real estate exes on the percentage of your property that is covered by a right of way and see how fast you no longer have to pay taxes on ANY of the property.

If the tree is within the boundaries set forth in your deed, it is yours. If not, it isn't.

 

[Cornflakes]

I was taking my son for a wellness check up and on the way the county was trimming trees up a long stretch of road. I asked the sign holder guy what they were doing with the wood. He said "chipping it". I said, "well what about the bigger pieces?" .... he said "we just let them lay, you'll have to ask the state if you can have them". On the way back from the doctor they were finishing up and I asked one of the guys driving a truck if I could have some wood. He said I could take all i wanted and pointed me in the direction of the primo walnut(the rest was junk wood).

It was 15 feet down a bank with a guard rail so it was fun getting the wood up the muddy hill. There was a bunch left, I'm hoping since its not in eye sight of the road that it will be there when i come back to that area in a few days.

wet walnut splits like butta! My 2nd scrounge with the Rav.... it is officially a dirty mess... lol .

 

[claydogg84]

I was taking my son for a wellness check up and on the way the county was trimming trees up a long stretch of road. I asked the sign holder guy what they were doing with the wood. He said "chipping it". I said, "well what about the bigger pieces?" .... he said "we just let them lay, you'll have to ask the state if you can have them". On the way back from the doctor they were finishing up and I asked one of the guys driving a truck if I could have some wood. He said I could take all i wanted and pointed me in the direction of the primo walnut(the rest was junk wood).

It was 15 feet down a bank with a guard rail so it was fun getting the wood up the muddy hill. There was a bunch left, I'm hoping since its not in eye sight of the road that it will be there when i come back to that area in a few days.

wet walnut splits like butta! My 2nd scrounge with the Rav.... it is officially a dirty mess... lol .

View attachment 147281

Man... You need a truck!

 

[Cornflakes]

Man... You need a truck!

tell me about it. My neighbor's mom is selling an nice mid 90's 4x4 F150 for like 5k i think. Looks like a decent truck.... unfortunately the wood stove isn't paid for, so no extra money to spare for a pick up.

 

[Hogwildz]

An easement or right of way isn't ownership. If I'm the one paying taxes on the land, the trees/logs are mine. I don't see that the utility company has any legal status to dispose of the fallen logs. The same goes for any joker trying to load up his pick up!

Same here. We have high voltage lines running through the area here. The power co. has tree companies come through to trim away from the road wires, and they clear cut under the high voltage lines. They sprayed the stuff with some herbicide, and one of my neighbors sued them for spraying the wood they cut on his property, because he could not burn it after being sprayed. Neighbor won & power company had to pay up. That there is fact! A tree growing, dying, falling, whatever on your property, is yours. A dead deer is a lame example, and does not compare. Process that wood & burn away brother!

 

[claydogg84]

Same here. We have high voltage lines running through the area here. The power co. has tree companies come through to trim away from the road wires, and they clear cut under the high voltage lines. They sprayed the stuff with some herbicide, and one of my neighbors sued them for spraying the wood they cut on his property, because he could not burn it after being sprayed. Neighbor won & power company had to pay up. That there is fact! A tree growing, dying, falling, whatever on your property, is yours. A dead deer is a lame example, and does not compare. Process that wood & burn away brother!

I wasn't talking about a power line company, as their claim to the ROW is completely different than a county, town, state. The dead deer doesn't compare because it doesn't benefit the landowner? Got ya. It's been made very clear that rules regarding this vary state to state. In the mean time, I'll continue to scrounge wood alongside the road.

 

[Hogwildz]

I wasn't talking about a power line company, as their claim to the ROW is completely different than a county, town, state. The dead deer doesn't compare because it doesn't benefit the landowner? Got ya. It's been made very clear that rules regarding this vary state to state. In the mean time, I'll continue to scrounge wood alongside the road.

A dead deer does not compare to a tree any way you try to stretch it. The deer is mobile, and not fixed on the land, and not part of the land. A dead deer on the road, is going to be left laying, drug off to the side, or in some municipalities, will be picked up & disposed of by township workers or the local ranger. There are a few landowners around here though, that would harvest that deer depending on how long it has been down.
Yes I am sure ordinances and laws vary from town to town, county to county, state to state.
I seriously doubt anyone is going to be going to court for cutting up and processing a tree that fell on their property, or boundary. Hell, no one even uses ROW around here.

 

[Kenster]

In Texas, the utilities, for the most part, do not own the rightaway. It is merely an easement and technically belongs to the property owner. I would be ticked if the electric company trimmed trees on my easement and someone else took the wood. Others, however, wouldn't give a hoot.

 

[claydogg84]

A dead deer does not compare to a tree any way you try to stretch it. The deer is mobile, and not fixed on the land, and not part of the land. A dead deer on the road, is going to be left laying, drug off to the side, or in some municipalities, will be picked up & disposed of by township workers or the local ranger. There are a few landowners around here though, that would harvest that deer depending on how long it has been down.
Yes I am sure ordinances and laws vary from town to town, county to county, state to state.
I seriously doubt anyone is going to be going to court for cutting up and processing a tree that fell on their property, or boundary. Hell, no one even uses ROW around here.

Here, the deer is taken by the county if it is in fact, on the ROW. The same goes for a dead tree that falls in, or alongside the road. Having the luxury of the municipality taking care of such things also takes away their claim to that stretch of land alongside the road. Sounds like you live in the middle of nowhere, much different here. The deer was simply my way of saying the landowner doesn't get to pick and choose - luxury comes at a price, and in this case that price is me taking any wood within 25 ft from the center line, legally.

 

[Hogwildz]

Me thinks you just like to debate. Have at it.

 

[claydogg84]

Me thinks you just like to debate. Have at it.

You challenged my post, I challenged yours. So really, you initiated the debate, I just followed up.