Railroad Forums 

  • Property boundry

  • Discussion relating to the NS operations. Official web site can be found here: NSCORP.COM.
Discussion relating to the NS operations. Official web site can be found here: NSCORP.COM.
 #530746  by howie729
 
I was wondering how a ROW was determined? I am a manager of a business that has been taking care of an area under the lines of the NS. I was told today to stop because this wasnt our property. This area has been used by the business for 75 years!! Are the property lines from the rails out as is in a roadway or how is it determined. The area I speak of is at least 90 feet from the rails. I am just wondering if this RUDE gentlemen was correct or just liked being an ***?

 #530760  by scharnhorst
 
In general a railroad can have a wide right of way for one of several reasons. There could have been more than one main track there at one time or anouther. Anouther thought is that the railroad who built the line could have been a railroad that only exsited on paper and when completed went under a 999 year lease meaning that a railroad runs on it while leaseing it from a frount company that pays the property tax on it.
Sometimes the right of way was put at such a width so as to make adjustments around obsticles that could pose a problum during construction some times that railroad eather had planed or build a 2ed track in that area and never did or it did build a 2ed track but later removed it but retained the property for possable future use later.

NS is vary agressive in tracking down people who build on there property. They won a court case some place south of Geneva, NY a few years ago and had eather half a house or a garge riped down becouse it was built on a section of there right of way which extended 500 feet to the West of the single track. This area was a 2 track main line at one time.

 #530762  by howie729
 
In this case, the poles for the lines boarder the business. I was told that the railroad owns three feet outside the tip of the pole. Does this sound accurate.

As far as I can see there has only been one line there historicaly

 #530906  by RussNelson
 
The reason the railroads are so aggressive about enforcing their property boundaries is because they can lose their property due to squatter's rights. The amount of time differs from state to state. If you're merely curious, then it's probably not worth your time to pursue. On the other hand, if you've thought the property was yours, if you acted as if it was yours, if you maintained it, and you weren't told by the railroad for the minimum time, then the property *is* yours. It's just a question of proving so in a court. You only have to prove that you behaved as if the property was yours. The railroad has to prove that they told you in the past that the property was theirs.

IANAL, TINLA.

 #531301  by howie729
 
I have to retract my previous post. There did used to be two lines there but the second line has been gone a long time. Thanks for the input. The property line is where they said it is. I am going to have to relocate the OB stakes on the golf course (business). As I told my members I dont want to make a stink over this.