Hi,
I just got a not-good letter from the county highway department telling me to remove something I planted at the corner or I will get fined.
It is claimed that I planted it in the right-of-way for a Wisconsin county trunk highway. I live in a town with no additional regulations pertaining to this. I am aware of the related vision corners issue, but since the county is claiming that I planted in their right-of-way this is a separate issue from vision corners.
The highway has a four-way intersection with a town road, but because one part of the town road is not used much, the county paved a great deal of the curved turning area on one side of the intersection, but not the other (my side).
I've measured the distance from my planting to the road a number of times--my planting is clearly not in the right of way if you measure directly from the pavement nearest my planting to the opposite end of the pavement, and calculate from the center of the road that way. The margin of error is not an issue here.
But if you draw a straight line from well before the extra, curved turning areas for the intersection starts and continue past the intersection and measure from the "center of the road" that way, my planting is in right-of way.
There is a lot of extra asphalt for the corners which are well used on the other side, and considerably less on my side. This throws the center of the road away from me and towards my neighbors on the other side of the street.
Am I in the wrong? Do I need to replant? Or is the county in the wrong and I should tell them this?
I can find no survey documents for the highway or road. Both are old and started out as dirt paths over a century ago. This is a standard 66 foot right-of-way with no additional purchases. The extra pavement on the other side is not so extreme as to require an additional purchase of right-of-way from my neighbors. I am in the process of obtaining survey documents that may help on this, but for now I cannot access any, so I am asking about the general practice.
Thank you for your thoughts.
Welcome.?ÿ We will attempt to help but will need more information.?ÿ You say this is in Wisconsin.?ÿ Give us the county and the road names at the intersection.?ÿ That will help us to begin making comments that may actually be of help instead of simply guessing, which is usually of no help.
Road right-of-way issues are many and varied.
The paved/driving surface of a Right-of-Way (R/W) does not define its boundaries. The R/W boundaries simply define the space where the driving surface is to be placed within. Some people are under the impression the pavement defines the R/W which is usually incorrect.?ÿ
Visualize a strip of R/W that is 50' wide. If the pavement, say 24' wide for conversation, is centered within the R/W, that means that 12' of driving surface is on each side of the centerline. A 50' R/W is 25' on each side and now with one half a driving surface at 12' using a portion of the 25' leaves 13' of space between the surface and the actual R/W. ?????ÿ
As Holy Cow said there are many variations in rights of way.?ÿ They may be asymmetrical (more on one side than the other), intersections may have beveled or radii on the corners, etc.?ÿ As a surveyor I would research the deed by which the right of way was obtained.?ÿ Ask the County Road Department to see the deed for that particular intersection.
Andy
Pavement, curb and gutter, catch basins, ect. These are all placed inside the right-of-way and are generally referred to as improvements. The pavement is not the street, it's simply an improvement to the street, there is often land between the edge of the pavement and the limit of the Right Of Way sometimes called the boulevard. This land is used for sidewalks, underground utilities, trees, lighting, standard street enhancements. More rural areas might use the property for drainage, ditches, pipes.?ÿ
Think of the drawing FL/GA is showing, now add lights, underground utilities, utility boxes, power poles, the particular governing body that has the right of way as either an easement, fee or dedicated land is responsible to keep the ROW clear and safe. So you may need to not plant or infringe on the ROW. None of us here can say for sure. But even putting something near an intersection on your property could be a violation. I have a fence along my property line that borders the street. The shared driveway I have looks south along the street and my fence. I have terminated the fence 50' south of the intersection because it would be a sight line problem otherwise.?ÿ
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The fence is along the right of way, the back of curb is 10.5 feet inside of the right of way, the utility boxes are in the right of way, while the mailboxes are on my property.?ÿ
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Andy made a good point about the right-of-way not necessarily being identical on either side of the apparent center line.?ÿ I can think of a few county roads where all right-of-way was taken from one land owner and none from the land owner on the other side.?ÿ Something like 25 feet one way and 35 feet the other is not uncommon.
Depending on your location and the year when the road was opened (officially approved to be constructed) there may or may not be a deed.?ÿ In many cases the landowners were so thrilled to finally have their property accessible to a public road that they granted their land for no compensation.?ÿ Another little legal item that can arise is called a prescriptive easement.?ÿ In such cases, whatever the county has been using and maintaining as the right-of-way without complaint of the rightful landowner effectively becomes the right-of-way.
Being from Wisconsin I can tell you that the blacktop is not always centered on the sections lines. This is especially true if you have hills involved. Its the section line that most likely determines your property boundary if you are in a rural area. Sometimes it is within a foot or so, other times it could be along the edge of the blacktop. Although it is not always accurate, your county GIS mapping may give you a better idea of where the road right-of-way actually exists.
Thank you for your detailed and thoughtful answers. I understand now that I was in the wrong, because the right-of-way goes in a straight line here. I will need to move my planting.
Not knowing what the OP planted I can only presume that it might grow (if its a plant) into something that may impede use or develop into a hazard. This is a safety issue for the owner of the right-of-way and in my experience that is a non starter when it comes to framing an argument.?ÿ At the very least the OP should need to provide a current planimetric map by a licensed land surveyor, of the intersection identifying all features, including the planting. From there an expert in what ever the planting is, be it a crop or tree or shrub will need to weigh in on what it can be expected to develop into. From there the OP can be expected to provide a traffic analysis which includes at minimum sight distance calculations both intersection and stopping and future use projections. And on and on.?ÿ I suggest that what ever was planted, be moved and this whole episode of me against the government be put behind us.?ÿ That all said, a fine would indicate that a sign or some sort of advertising was "planted" which if it is within the right-of-way might have needed a permit.?ÿ If that is the case, go back to the beginning of this message and read it again and hire a lawyer to contest the use.?ÿ
The problem with planting anything inside a right of way, section line easement or any other type of public use easement, is that it is 'at risk', even if the local authorities don't call it to your attention right away. One of the biggest headaches I run into during the course of my work is dealing with property owners who've cleared their property right up to a ROW limit leaving a strip of trees in the ROW that they enjoy as a sound and dust buffer. Along comes a utility that is permitted to be in the outer 5' of that ROW and has to clear that strip of trees in order to place a phone cable or gas line. Tempers can flare and I've been threatened more than once with violence as a result.?ÿ
Many years ago the gas company cleared the section line easement along the front of my property between my house and the road and I replanted the disturbed area with blue spruce trees, in excess of sixty trees as a screen. They're now 25-30' tall and I live with the knowledge that at some point they could be cleared.?ÿ
"planting" things such as steel posts and solid objects should be avoided in the right-of-way.?ÿ If a vehicle leaves the road surface and strikes said posts/solid objects, the landowner will automatically find their name added to the list of defendants in the impending lawsuit for excessive injury, etc., etc.?ÿ A leaning post can tear a giant hole in the side of a sliding vehicle or, much worse, puncture the body to make contact with the human body inside.?ÿ That is part of the reason why many old bridge/culvert guard rails have been removed in recent years.?ÿ They were not designed to be hit by a speeding vehicle but mainly warn drivers that this is the side of the roadway.
Anyone familiar with postrock country in far north central Kansas understands what can happen if a vehicle hits one of them.?ÿ There are many thousands of them now that have been removed and had surnames and decorative work cut into them such that they make a lovely yard ornament.?ÿ But, if it's in the road right-of-way..........................................
Thank you again, for more helpful answers. I relocated the planting far away and outside the right of way with your help.
Where is the LIKE button?
Well done, all involved!
How do I ??upvote??
@brad-ott
You hit the triangle above the number on the left, which is what I just did to your comment so that it now reads "2" instead of "1".?ÿ I guess if you think someone's comment is very poor you can hit the triangle below the number.?ÿ You will now find your comment to be above all of the comments with a "1" or "0".
