Right of Way question...
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Richard
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I 'get' your comment.... however, I was once talking to our local TVA guy (he was lamenting all the issues THEY have out here as well) He said he wished someone (ostensibly ME) would drag some trees and line the ENTIRE roadway with them so as to block ingress/egress into their property. I did that at one location.... what happened? some idiot came out, dragged the tree so now, it's totally blocking the roadway BUT, he now had a way to get back into the woods. When I noticed that, I went back, got my backhoe and simply moved it back to where it was.... essentially blocking him in. As I was driving home, I saw someone in my mirror (back in the distance) waiving me down....but I went on home.
2-3 hours later, the Sheriff showed up at my home and asked me if I knew anything about it? Yep. I explained the above to him and explained I had TVA's permission.... and he just gave me one of those "I've got your back" smiles and said have a nice day. He didn't care that the perp blocked the road with the tree but since it was now fixed, couldn't do anything about it.
After my 2-dogs were killed (at the roadside where TVA has the road block), the gate didn't exist at the time. I have a letter signed by TVA giving me permission to line the road with rocks (think of a 36" diameter boulder) So now, where all of their ingress/egress points where, instead of finding and dragging a fallen tree there, I've lined most of this with pretty large rocks.
In the beginning, I put a single boulder there. Someone rolled it out of the way. I pushed it back, added a second rock. They moved them.... I pushed them back and added 4 more.... problem solved. It dawned on me that people are inherently lazy (at least these people) and moving one rock to get to their goal (are they the ones that had at one time, the meth lab in the woods??) anyway, moving one rock is an annoyance and they'll do it. But now, having to move 4 or 7 of these rocks.... they have finally over the years, simply left and gone to other locations so over time, the problem has gone from say, "100" down to "15". It's still an annoyance, but it's not really a problem.
However, I've learned that if I don't stay dilligent about it, things will evolve and they'll work their way back (hence my dragging the tree to a location that has essentially NEVER been a trouble spot) If they're eyeballing it and one parks there.....someone will see it and they'll use it next time, then there will be three of them back to back....
Side story.... there was once a young (punk) who parked right at our mailboxes. The no parking signs are STILL standing there (they only removed them from further down road) I spoke to the lad about where he was parking and because of the hill and 90 degree turn in the road, he was setting himself up to get his truck hit (he also had two wheels ON the pavement so he wasn't 100% off the road)
He was a bit moronic about it.... just went ahead and parked there right after I talked to him about it, essentially telling me (by his actions) to f*** off....
I dropped a rock there over the next couple days.... he came back and adjusted his parking forward/back (don't recall) so.....dropped another rock.....and a third and now, with the very steep dropoff next to this area, nobody can park there.
He's not been back since and when he did (or does in future) come back he can take pride knowing those rocks are specifically about him!
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Richard
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Regarding some of the ROW comments and how it relates to straight/curved....
First, an admission that I've not put any effort into learning about this, I'm going on what others have told me (primarily father in law who originally bought the land PRIOR to TVA taking half of it)
None the less... "as it's been explained to me", in most areas, TVA took whatever property they took up to "the center line" of the road so they essentially said we're going to take this side of the road and you get that side of the road.
HERE, instead of doing it that way, they simply drew a straight line which now has multiple intersections of this curving road.
I don't know if it's factual that TVA took land "up to centerline" in most places.... simply what I was told.
I DO know factually, here it's a straight line. They did a basic marking on the trees so now if you can find some of those old trees with marks on them and "know the code" you can get a rough idea of where the line is.
Example, if they put a "V" on the tree then as you stand in front of the tree where the "V" is directly in front of you then that's telling you that the property line is on THAT side of the tree (implying that said tree is on the OTHER side of the line)
I think they might use "=" signs or something (been while since I've looked) to indicate that said tree is ON the line....
Anyway, once you see one or two of these, you can line them up and do a general line of sight to get a basic idea of the lay of the land. (certainly not specific, just a broad idea)
First, an admission that I've not put any effort into learning about this, I'm going on what others have told me (primarily father in law who originally bought the land PRIOR to TVA taking half of it)
None the less... "as it's been explained to me", in most areas, TVA took whatever property they took up to "the center line" of the road so they essentially said we're going to take this side of the road and you get that side of the road.
HERE, instead of doing it that way, they simply drew a straight line which now has multiple intersections of this curving road.
I don't know if it's factual that TVA took land "up to centerline" in most places.... simply what I was told.
I DO know factually, here it's a straight line. They did a basic marking on the trees so now if you can find some of those old trees with marks on them and "know the code" you can get a rough idea of where the line is.
Example, if they put a "V" on the tree then as you stand in front of the tree where the "V" is directly in front of you then that's telling you that the property line is on THAT side of the tree (implying that said tree is on the OTHER side of the line)
I think they might use "=" signs or something (been while since I've looked) to indicate that said tree is ON the line....
Anyway, once you see one or two of these, you can line them up and do a general line of sight to get a basic idea of the lay of the land. (certainly not specific, just a broad idea)
At the time of the taking, they must have done some type of a survey. chances are the results of that are in the deed transferring the land from your FIL to the TVA.
At the very least, they should have a plat showing everything which was taken. This also should/could be on file at your Registry of Deeds.
Note: my comments are based on what I know to be true here; results in your state may vary.
At the very least, they should have a plat showing everything which was taken. This also should/could be on file at your Registry of Deeds.
Note: my comments are based on what I know to be true here; results in your state may vary.
ovrszd
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You have more patience than I would in your situation.
TVA does not have the legal right to give you permission to place obstacles on the ROW. The ROW is not theirs. Maybe I missed something there but I don't think so???
So in court your letter from TVA will quickly be dismissed as "legal permission" to do what you did.
ovrszd
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I would assume since the road does not follow property boundaries their straight line is the actually property boundaries. So in some places you own the ROW on both sides. Similar to what I described on my farm in the beginning.
That makes your letter of authority from TVA to barricade the shoulders even more dismissible in court.
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Richard
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Good stuff, thanks!!
Case 830
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I wanted to put up a fence around our property. Fence on two sides. County said 30ft from centerline foe one road and 100ft from centerline for the other. That’s 100ftx1340ft (@2.5 acres not including the road). According to regs we cant even hay that ground without a permit. It’s been farmed up to the road since the 1860’s. They said if i put any fence in closer than 100ft they will send workers out to remove it at our expense. If its not our land why do i pay taxes on it?
On the positive side the snowmobiles now have a nice wide path and cant cut across out fields.
On the positive side the snowmobiles now have a nice wide path and cant cut across out fields.
ovrszd
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I have the same situation on my farm. The road that goes thru the farm is a Township road with 40ft ROW. The road that goes across the North end is also Township road with 40ft ROW. The road that goes across the South end is a State Hiway with 100ft ROW. I've not figured up how many acres that is. Total 1 mile of 20ft, .25 mile of 50ft...…..
