Scavenging downed timber - is it ok where you live?

[mikehaugen]

Known as "squatters rights" but it comes with some strict requirements and varies by states In general:

1. The use must be "open and notorious", i.e, obvious.
2. It must be for a period of years (varies by states, here it is 7).
3. The landowner "knew or should have known". Thus buying a remote parcel and never visiting it would be open to "squatting".

Some states require and "affiremative" action to prevent squatting. Such as allowing your neighbor to cross your land as a convenience. Get it in writing and renew it it periodically.

Many other discussions on TBN about it, a search will find them.

Harry K

The term you are looking for is "adverse possession".

Adverse possession - Wikipedia, the free encyclopedia

Thanks guys, I guess there is some truth to it. The guy that was trying to tell me this is not always the most reliable source of info so I didn't take it very seriously.

 

[newbury]

The problem I see is that (based on the pictures posted) this is just a little horseshoe shaped ROW, at best, it saves 2 minutes of road travel. No real reason to use it at all.

Aaron Z

I apologize for not delineating the ROW. That horseshoe shape in the first pic I posted was my original 3.5 acres, the red line is the 73 acres. The ROW is the wide clearcut going from lower left to right middle.

 

[plowindeeper]

Newbury Do you know you are located about 10 miles fromhttp://www.google.com/url?sa=D&q=http://barnyardmudboggers.com/&usg=AFQjCNGJwDKxQt8eZj9WSL0bvb_h9F17rQ
Which is a 715 acre ATV park. I see it as impossible to keep people out. It doesn't matter how educated the people who live around there are, The park draws people from all 50 states. The law can not control them all. Fence and post your property. You have a ROW through you property near a ATV park, you will always have a problem with riders. BTW, if I had people coming over to help me clean up downed trees on my property "scavenging wood" I'd thank them.

 

[newbury]

<snip> BTW, if I had people coming over to help me clean up downed trees on my property "scavenging wood" I'd thank them.

Even if they made your trails impassable?

 

[mikehaugen]

Even if they made your trails impassable?

sounds like a good excuse for more "tractoring"

 

[plowindeeper]

Looks like you have a back-hoe dig a 4'x5' trench on either side of the ROW, I live one mile from a ROW that no one rides. But have trailered my ATV 50 miles to ride a unposted one with friends before, they said it was OK, that land is now posted and no one rides there.. If you make it more work than fun to ride they will stop. Or you could just mount up and ride with them. as for as making you trails impassible, If you can't ride them they can't either. If you build a fence you need to check it every day, soon they will get the message. Your local Game Warden can help as close as you are to a management area they won't be to far away.

 

[newbury]

Looks like you have a back-hoe dig a 4'x5' trench on either side of the ROW,

First of all that would make it impassable to me. Then I'm pretty sure the power company would not like that. Since it would then be impassable to them. As it is the power company may have to come in and redo the trail at their discretion.

<snip> Or you could just mount up and ride with them.

Sounds good, if I had the time and you buy me a new KAWASAKI KVF750GCF, but I'm trying to save my money for implements and view my tractors as my ATV's.

as for as making you trails impassible, If you can't ride them they can't either.

It reads like YOU have ridden an ATV. If so you may have noticed that people often just "go around" a major gully, in a manner that although more difficult, gets them by. However these "go arounds" are not suitable for my tractors with implements attached. But it seems that wouldn't bother you on your ATV. Do you drag a 6' Bushhog on your ATV? A 2 bottom plow? Perhaps it has a FEL?

If you build a fence you need to check it every day, soon they will get the message. Your local Game Warden can help as close as you are to a management area they won't be to far away.

/edit
Game Warden? For ATV's on private land? Is that a special Mississippi thing?
Most others have mentioned "Sheriff". However if you read some of my threads I'm pretty sure you'll understand my trust of local authorities.
Perhaps you missed the title of this thread -

Scavenging downed timber - is it ok where you live?

It seems like for you it is.

I appreciate all the suggestions - except move back to Vermont - but it seems that almost EVERYONE except plowindeeper agrees that scavenging downed timber without permission is not OK where they live.

 

[sam5570]

Newbury i had my wife check on this and in no state in the united states is it legal to enter someone else's property and take anything without permission. even law enforcement have got to have permission or a search warrent to enter your property. i think yu could talk to the law enforcement in that area and maby get some advice of what to do and how. for now leave the shotgun in the cornor that will get you in big trouble, all someone has got to say is you shot at them then you got to prove you didn't. GOOD LUCK

 

[plowindeeper]

I appreciate all the suggestions - except move back to Vermont - but it seems that almost EVERYONE except plowindeeper agrees that scavenging downed timber without permission is not OK where they live.[/QUOTE]

I don't think it's OK. If you don't won't them on you land. I just hate the look of cut-over timber and if I had cut over timber I'd welcome them to come get what wood they won't. If I was not gonna use it. It's cut over. It's on the ground it will rot anyway.

The Game Warden can do more about the trespassers on ATV's than the sheriff any day. Most state GW will sit and wait on a trespasser as close as you are to a management aree, because the are already there.

I'm probably the closest TBN member to you, just trying to help and give suggestions.

I'm also thinking all this was going on before you moved here and it going to be hard to stop

 

[clemsonfor]

Is the ROW on your property? You own it if so and can gate it!!

As for the timber, I am a forester here in SC. NO "harvesting" downed timber for anyreason on land that you do not own is considered stealing and trespassing if you don't have permission or if it is public land and you don't have a permit to do so. It is possible they may have permission but it may not even be from the right person. The logger may have told them but if they no longer have a contract to the timber they have no right to it.