REALLY IMPORTANt: How far from tracks does NS own?

A person called the Ithaca (New York State) Cooperative Extension where my friend works. From the center of the right of waY how far does Norfolk Southern own on each side? The branch line hauls coal cars and salt hoppers.
All responses will be greatly appreciated.

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I believe its 15 Feet on each side 30 Ft across. Correct me if im wrong.

U-Haul wrote:From the center of the right of waY how far does Norfolk Southern own on each side?

Not to be too grumpy at you, but you should look at the deed of the property rather than asking here. It might be a little harder to interpret than a bare "15 feet from the centerline", however it is the authority upon which the legal system relies. You can find the deed in the Tompkins County Clerk's office. In my experience, the clerks therein are quite happy to help you, and not at all condescending of a newbie. Unlike, say, a trip to the lumberyard.

Thanks ToledoTerminalRy & RussNelson. This person had their perfectly healthy Willow trees attacked by a "big" mower. This person had no idea this was going to happen until it was over and now the trees might become infected and sick.

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U-Haul wrote:This person had their perfectly healthy Willow trees attacked by a "big" mower.

I expect that the railroad (or contractor) viewed the willows as "brush to be removed" rather than "valued trees that had been planted". Certainly that's how I view the willows that keep coming up in the wet parts of my land! I would suggest that the person simply assume that their property line ends where they think it ends, and put up a (low cost!) fence. Let the railroad worry about their property line.

This is a very complex question, driven by 1- What was aquired by the RR when the line was built? 2- Was it a fee simple deed or an easement? 3- Does the document actually give a width? Some do, some dont. Here in NC, if there is not a specific width given it is assumed by statute to be at least 100 ft, and in some cases, 200 ft.. 4- Has there been claims of a wider or narrow r/w in the past. 5- Has there been adverse possession by the RR or the adjacent property owners.

My whole point here is don't assume anything- if you really want to know you need to do the deeds office research and have the property surveyed. If you try to just "take" the RR's land by just fencing it, you can bet that if a situation arose, the RR has more lawyers and miore money then you have to fight over it.

matthewsaggie wrote:If you try to just "take" the RR's land by just fencing it, you can bet that if a situation arose, the RR has more lawyers and miore money then you have to fight over it.

Matthew is quite correct. However, the willows are planted where the willows are planted. If it's the willow owners property, then they should be protected. If it's the railroad's property, then they will want to assert their claim and right to clear the willows from their land. The only reason I suggest a fence is so that there is no *accidental* cutting of willows.

Has anyone seen the results left by NS' "arborists". They came along the Trenton cutoff and made Edward Scissorhands look like a brain surgeon.

Hi,

Although they were very healthy willows...and I work that line quite a bit and believe I know where you are talking about. They are very dangerous to us who work on the line. The problem on the Ithaca secondary is that that line was there before any houses or cottages were in the area. Then, people began to encroach to line and plant trees and other items very close and we've even had problems with people putting decking across the tracks to get down to the lake. On more than one occasion I had to adjust my position on the sides of cars to avoid being wiped right off the ladders during the course of my work, not just here but in many other track territories. Railroads will always keep some tabs on vegetation encroachment and have too specific of a budget to go to great lengths to prune trees. In many cases, I see vegetation that was sheared off square just about 3 inches from the engine windows, which I believe is very generous to the owners of the adjacent property. Careful planning should be taken into consideration if you own property adjacent to a track and plant vegetation.

P.S- Far be it from me to ever even try to defend NS, but this is just common sense.

Greg

NS Conductor-Corning NY

Another point to remember. It doesn't matter if the trees are planted on YOUR property. What overhangs, or encroaches on MY property, is fair game, for me to deal with. This holds true in most states, I have been in. Folks are allowed to trim whatever hangs over a property line, as long as the species is not protected, from trimming, cutting or harvesting, by law.

Greg--
I didn't mean to give advice that might endanger you! I presumed that the landowner would use common sense and not put anything in or even near the path of moving trains. Silly me! Common sense is not that common, apparently.

GOLDEN-ARM wrote:Another point to remember. It doesn't matter if the trees are planted on YOUR property. What overhangs, or encroaches on MY property, is fair game, for me to deal with. This holds true in most states, I have been in. Folks are allowed to trim whatever hangs over a property line, as long as the species is not protected, from trimming, cutting or harvesting, by law.

I've seen this type of dispute resolved legally. My neighbors across the street had a fierce argument about six years ago when one cut off some tree limbs which had grown across his driveway. Needless to say, the owner of the tree was NOT happy! The case wound up in town court and the neighbor who cut the limbs was found to be in the right. While it would be nice to see NS use a little more care in pruning vegetation, the law is on the railroad's side.

The real irony is that the tree owner in my story is a retired NYC/PC employee. He should have known better!

U-Haul wrote:A person called the Ithaca (New York State) Cooperative Extension where my friend works. From the center of the right of waY how far does Norfolk Southern own on each side? The branch line hauls coal cars and salt hoppers.
All responses will be greatly appreciated.

Black History Month
STAR TREK 40TH ANNIVERSARY

In New Jersey railroad ROWs are typically 100' wide. You can't assume that a single track is exactly in the center of that strip.

As a general rule gas pipeline & fiber optic markers are near the edge of the ROW.

Consult the tax maps in your County's Hall of Records for more detailed info. However, chasing down all the deeds of adjacent property can be a very time consuming & frustrating task.

Jack

Central New Jersey Wide-Area Stream @ http://railroadradio.net/