Free advice is usually worth it...

[Old_wrestling_fan]

I get that. But I have a question that I thought I would throw out there and see if anyone here knows...

I own property that backs right up to an active RR track. There is a giant dead tree in the ditch, next to the railroad track. I was going to contact the RR company and alert them that "their" tree is at risk of falling either into my building OR across their track, etc. Could they please remove it before one of those things happen. The tree is clearly in what I would consider the RR right of way, but it is so big that it hangs over my property too. (Giant cottonwood.)

Only when I look on a property mapping website, Beacon, that shows property lines, I'll be goll danged...it looks like my property line goes all the way up to the actual metal rail of the RR line. What? If that is truly my property then 2 things...1. I would probably be liable to remove "my" tree. Drats! 2. I need to start collecting a toll from the RR...as they are running their trains on my property.

Any advice or experiences gents??

 

[Kelsers]

I get that. But I have a question that I thought I would throw out there and see if anyone here knows...

I own property that backs right up to an active RR track. There is a giant dead tree in the ditch, next to the railroad track. I was going to contact the RR company and alert them that "their" tree is at risk of falling either into my building OR across their track, etc. Could they please remove it before one of those things happen. The tree is clearly in what I would consider the RR right of way, but it is so big that it hangs over my property too. (Giant cottonwood.)

Only when I look on a property mapping website, Beacon, that shows property lines, I'll be goll danged...it looks like my property line goes all the way up to the actual metal rail of the RR line. What? If that is truly my property then 2 things...1. I would probably be liable to remove "my" tree. Drats! 2. I need to start collecting a toll from the RR...as they are running their trains on my property.

Any advice or experiences gents??

I'm fairly certain they have ROW's like 100'.

 

[Formerly Rockymtnole]

This sounds like the plot of an old Western.
Solitary landowner fighting the railroad baron

Giddy up!

 

[lucas80]

If it was the OP's tree the RR would have forced him to remove it at his expense by now, most likely. Now that I've become a windmill baron I've learned a little about how tall something can be on your property, and not be at risk of falling on RR tracks. Our windmill will have an active RR line and a US highway just outside the fall zone.

 

[Old_wrestling_fan]

If it was the OP's tree the RR would have forced him to remove it at his expense by now, most likely. Now that I've become a windmill baron I've learned a little about how tall something can be on your property, and not be at risk of falling on RR tracks. Our windmill will have an active RR line and a US highway just outside the fall zone.

That ^^ was my lean, get it, lean, as well.

 

[Old_wrestling_fan]

I'm fairly certain they have ROW's like 100'.

Could be, as of right now, I really don't know what the buffer zone is. But if it was 100'...that would put them in the middle of my building. Yikes. So I hope that isn't the case.

 

[Formerly Rockymtnole]

Send them an email saying if they don’t remove it you will derail the train.

 

[TennNole17]

Check your original title work (if you have) for a convenient list of easements and right of ways on your land - doesn’t mean it’s your responsibility necessarily

 

[SoProudNole]

I get that. But I have a question that I thought I would throw out there and see if anyone here knows...

I own property that backs right up to an active RR track. There is a giant dead tree in the ditch, next to the railroad track. I was going to contact the RR company and alert them that "their" tree is at risk of falling either into my building OR across their track, etc. Could they please remove it before one of those things happen. The tree is clearly in what I would consider the RR right of way, but it is so big that it hangs over my property too. (Giant cottonwood.)

Only when I look on a property mapping website, Beacon, that shows property lines, I'll be goll danged...it looks like my property line goes all the way up to the actual metal rail of the RR line. What? If that is truly my property then 2 things...1. I would probably be liable to remove "my" tree. Drats! 2. I need to start collecting a toll from the RR...as they are running their trains on my property.

Any advice or experiences gents??

I'd touch base with your local property appraiser office to verify the property boundary.

 

[ping72]

If you’re really concerned about it, I would ignore anything posted in this thread, and contact a lawyer.

 

[Brian_Fantana]

Check your original title work (if you have) for a convenient list of easements and right of ways on your land - doesn’t mean it’s your responsibility necessarily

This - your property line may go right to the line; but the RR may have an easement, or similar. I’d probably try contacting them first before spending any money on looking it up or paying a property company/lawyer. They may surprise you and send someone out to look at it and take care of it.

 

[NoleATL]

I don't know who you need to send it to but send a certified (or such) letter to them advising of the situation. In normal neighbor situations (maybe RR is exempt or something), if you advise them their tree is not well and a risk, IF it does fall on your property it becomes their insurance that rectifies. If they don't have knowledge, then it is your insurance. This may be different by state.

 

[Tenacious E]

I get that. But I have a question that I thought I would throw out there and see if anyone here knows...

I own property that backs right up to an active RR track. There is a giant dead tree in the ditch, next to the railroad track. I was going to contact the RR company and alert them that "their" tree is at risk of falling either into my building OR across their track, etc. Could they please remove it before one of those things happen. The tree is clearly in what I would consider the RR right of way, but it is so big that it hangs over my property too. (Giant cottonwood.)

Only when I look on a property mapping website, Beacon, that shows property lines, I'll be goll danged...it looks like my property line goes all the way up to the actual metal rail of the RR line. What? If that is truly my property then 2 things...1. I would probably be liable to remove "my" tree. Drats! 2. I need to start collecting a toll from the RR...as they are running their trains on my property.

Any advice or experiences gents??

I think the ROW is on your property, like a city’s easement on property you own for the sidewalk. I am responsible for tree problems on the easement. Could be different for a ROW, not sure.

 

[JupiterHawk]

In the letter be cordial but add a:

PS - have you ever heard of a Sherman necktie?

 

[fakenewsking]

Old Fan
Yes. I made a lot of money from clients when neighbors thought the Beacon website line was the actual lot line. It’s not.

 

[Tenacious E]

Old Fan
Yes. I made a lot of money from clients when neighbors thought the Beacon website line was the actual lot line. It’s not.

It’s pretty god damn close most of the time.

 

[laker3588]

Beacon lines and arials can be off by a lot. My west lot line goes through the middle of my house. Why it has this disclaimer

The property lines indicated on the county aerial maps are NOT TO BE USED FOR LEGAL PURPOSES. These property lines are not survey quality, are used as a visual reference only, and are a general representation of the location of your property lines/boundaries. Do not use this website to determine the location of your or your neighbor's property lines. If you are unsure of your property lines/boundaries, a local land surveyor may need to be contacted.

 

[Old_wrestling_fan]

Thanks all. To this point, I have found the Beacon lines to be very accurate, FWIW. Hopefully they are not in this case. Will be checking legal property records soon to verify, etc.

 

[Tenacious E]

Thanks all. To this point, I have found the Beacon lines to be very accurate, FWIW. Hopefully they are not in this case. Will be checking legal property records soon to verify, etc.

The advice about contacting the RR is good. They might just come and take care of it, and you won’t need to mess with technicalities and surveys.

 

[The Tradition]

Good luck with this, OP!

 

[NDallasRuss]

This sounds like the plot of an old Western.
Solitary landowner fighting the railroad baron

Giddy up!

First thing you do is to get yourself a crew. But they can’t be any geek off the street. They gotta be handy with the steel, if you know what I mean. Earn their keep.

 

[bagdropper]

My cabin, the ROW with the RR is 50 feet from the centerline of the tracks.

My river view to one side is blocked by some trees that are within "their" 50 feet. I got a contact number with the railroad just this week, I'm going to call them next week to see if they could take them out. My neighbor that got me the number told me he's done that in the past and they've done it for him free but it usually took them a year to get it done.

 

[ping72]

First thing you do is to get yourself a crew. But they can’t be any geek off the street. They gotta be handy with the steel, if you know what I mean. Earn their keep.

We work for Mr. Tunstall as regulators. We regulate any stealing off his property. We're damn good too! Mr. Tunstall's got a soft spot for runaways, darelicts, vagrant types. But you can't be any geek off the street, gotta be handy with the steel, if you know what I mean, earn your keep.

 

[denmar81]

Thanks all. To this point, I have found the Beacon lines to be very accurate, FWIW. Hopefully they are not in this case. Will be checking legal property records soon to verify, etc.

My beacon line goes through the corner of my garage while my true property line is 15 feet from my garage.

 

[Kelsers]

Could be, as of right now, I really don't know what the buffer zone is. But if it was 100'...that would put them in the middle of my building. Yikes. So I hope that isn't the case.

50' each side

 

[fakenewsking]

Get a cheap metal detector and you can find the lot pins.

 

[CJ Beat Hard]

I’d go Chop down the tree to ensure it lands on the tracks and not your property

 

[millah_22]

I get that. But I have a question that I thought I would throw out there and see if anyone here knows...

I own property that backs right up to an active RR track. There is a giant dead tree in the ditch, next to the railroad track. I was going to contact the RR company and alert them that "their" tree is at risk of falling either into my building OR across their track, etc. Could they please remove it before one of those things happen. The tree is clearly in what I would consider the RR right of way, but it is so big that it hangs over my property too. (Giant cottonwood.)

Only when I look on a property mapping website, Beacon, that shows property lines, I'll be goll danged...it looks like my property line goes all the way up to the actual metal rail of the RR line. What? If that is truly my property then 2 things...1. I would probably be liable to remove "my" tree. Drats! 2. I need to start collecting a toll from the RR...as they are running their trains on my property.

Any advice or experiences gents??

Prob be faster to do it yourself. They may drag their feet forever. I used to work for a P&R department, and there was this park that was nestled next to a highway and a RR track, and nothing ever got done bc the DOT, RR, and P&R department could never come to an agreement of who was going to pay for what. They all want the jurisdiction until they have to pay for something, then its someone elses problem.

 

[Old_wrestling_fan]

I’d go Chop down the tree to ensure it lands on the tracks and not your property

It is LARGE and has many BIG dead branches high in the sky above. (Widowmakers)

No thanks. This one will need professional skill and equipment.

 

[fakenewsking]

It is LARGE and has many BIG dead branches high in the sky above. (Widowmakers)

No thanks. This one will need professional skill and equipment.

Get every quote possible or tree. At least one will do the normal lookup for lot line.

 

[lucas80]

If you’re really concerned about it, I would ignore anything posted in this thread, and contact a lawyer.

Well, I chose to ignore this advice. HORT is a font of hard earned wisdom.

 

[TennNole17]

I would avoid doing it yourself for obvious reasons.

You may find that getting quotes is difficult, if they realize it’s in a RR easement/RoW

 

[Hawk_4shur]

 

[Rifler]

Will be checking legal property records soon to verify, etc.

This is what you would have to do to be sure about the property lines. Following that you would need to do a physical survey to actually confirm placement of the rail line within the boundaries of the right of way,.. Things don't always get installed per plan,... Regarding the tree, I'd just contact the railroad. They have a maintenance budget and I suspect they care of it.