Some properties extend to the middle of the road

[Dave S]

This isn't to start a rant but intended to inform.

A friend of mine has had his snow fence cut and run over on 2 separate occassions in recent days. Rice County Sheriff's Dept has been notified.

You'll notice plenty of room left between the fence and the roadway for sleds to get around but someone still felt compelled to destroy their fence. The owner of this property owns to the center of the road but obviously people think otherwise. Last year they didn't stop at the fence but also illegally entered a cattle pasture within the area and cut the fence on the other side and left it open.

If anyone you know or have seen do this, please report it to the authorities. People like this give snowmobilers a bad name.

[CaptainMusky]

That's sad. I had an issue with a neighbor and his ATV use in the winter a few years ago. Similar result to my fence, garbage cans, etc. I confronted him and he threatened me with a "drive by shooter". Needless to say the sheriff paid him a visit and it never happened again.

[Walleyehooker]

More than likely he doesnt own to the center of the road. It is usually something like 50 feet from the center of the road is owned by the county and for easments. So some of that land next to the road probably isnt his either. A lot of people think they own the road or up to it but they usually dont.

[Walleyehooker]

Also make sure you know where your property lines are because if you put up a hazard like say a big rock to block it off and it isnt your property and someone hits it and gets hurt you may be liable.

[Dave S]

More than likely he doesnt own to the center of the road. It is usually something like 50 feet from the center of the road is owned by the county and for easments. So some of that land next to the road probably isnt his either. A lot of people think they own the road or up to it but they usually dont.

Please take note that YES he does own to the center of the road per the deed to the property. Please read the title of this thread. That is the whole basis of being responsible while riding. Take into consideration that some ROW's are privately owned. I wouldn't have stated this if it weren't true.

[Walleyehooker]

OK its hard to tell in that picture what that road is. His driveway? Or a county or tared road?

[leech~~]

So was his intent to block off the ditches on both sides of his land? The one fence seems to be right up to the edge of the plowing, not leaving any room for sled to get by. If he left enough room for sled maybe they wouldn't drive right through and would go around the edge? I know you said there was room but that one fence looks like it's right at the plow pile?

[Walleyehooker]

By the way Ive been through this with a neighbor that said exactly what you are saying till my Lawyer told him different. Not saying you are wrong either but a lot of people think their land extends up to a road because they planted grass there.

[Dave S]

First pic looking at the driveway, road on the right side of the pic. The end of the fence is in the lowest part of the ditch with atleast 10 feet to the shoulder of the road.

The second pic is from the other side of the same fence. Both pics are recent and 2 different incidents. Yes this has happened twice. The driveway exits the property to the west. Snow fence was installed as it was intended for: keeping the snow from drifting at the end of their driveway. The fencing may look different since it had to be repaired. In the second pic it's clear to see the angle of the ditch isn't that great and there is more than ample room (based on the width of the tracks) they could have easily gone around the fence.

Walleyehooker, I don't disagree that some people feel they own up to the road since they mow up to it or planted grass that far but I will say this one last time: Per the deed to the property, the property line extends to the middle of the road. It's as simple as that.

[leech~~]

I guess I do see that there is a pine tree in both pic the first one is hard to see it. So, yes I would say the guy is just being an A-O. It maybe time to plant a few more pines tighter together or a saw buck fence across it if he really wants to keep sleds out. Just remind him to stay clam and work with the law and don't put the neck high wire across it or anything!

[Dave S]

He's frustrated with this as are the neighbors. Trail cams are an option that's been considered.

This is a perfect example why trail leases are not renewed. Some in here might be old enough to remember the 70's. If this carp keeps up, we'll be looking at the 70's again.

[Augusta]

Sure looks to me like he is just trying to stop snowmobilers from riding in the ditch. He better be careful, we had this same issue where I live, landowner swore he owned the land to the center of the road as per his deed, landowner pounded in steel fence posts, atv'r came along at night, hit fence post, almost died from it, landowner was charged with reckless endangerment, convicted, later sued, lost the case. Don't forget about the rule of "intent". Looks more like to me the landowner is giving other landowners a bad name. Just my two cents.

[Surface Tension]

Your friend should contact the sheriff and so should the local snowmobile club.

Whatever the case, running the snow fence over isn't the right way to handle the situation.

Around here blocking ROW is frowned upon and the sheriff will be all over it.

[smokingun]

I am a avid snowmobiler If I see a snow fence I just go around it no need to destroy someone elses property. This does give snowmobilers a bad name. As far as I know, in Minnesota 33 feet either side of the center of the road belongs to the state, after that it is the property owners property.

[Xplorer]

Actually there are many properties legal descriptions which extend to the middle of a road, and while the owner own's the land, there is a legal right of way written into the legal description of said property. My old property extended to the "middle of our road" as did the neighbors on the other side. However we each had a 33' road right of way/easement written into our properties description. Just because my legal decrip says I own that land I sure couldnt have fenced it off within the 33' easement. I think your friend should reread his deed and full legal descrip for his land, cause I bet there is a legal ROW that his property is subject to (especially if it is a public road, ours was a private road and I still had to allow ingress/egress over the 33').

That said, sledders or ATV'ers who do this are out of line and inconsiderate of others property and should face the consequences of their actions. But fencing off within a legal ROW can have consequences of its own too. My

[CrewJones]

this year our road was widened, I owned up to the middle of the road per my deed. What the state did was purchase 10" of ROW from me. So I did not loose any land at all but they did gain further ROW on to my property. Its how most to all land is written in MN.

[LightningBG]

Please take note that YES he does own to the center of the road per the deed to the property. Please read the title of this thread. That is the whole basis of being responsible while riding. Take into consideration that some ROW's are privately owned. I wouldn't have stated this if it weren't true.

Lep, you seem pretty dead set on how the property is owned and can be used. But unfortunately, you're probably very very wrong. I've seen some property that not only owned to the center of the road, but actually the whole road. You wanna know how much control of that road they had? Zero. Not a thing. I've also seen properties that went clear across the road, about 5 acres on each side, no break in the property lines, but there certainly is a road running right through the center of it.

Think of it this way.... If you're buddy decided he wanted to tear up his half of the road, do you think he'd be able to? No, because even though he owns it, he has no control of it.

I'd forget about the ownership and figure out where the right of way line is.

It is unfortunate that his fence got wrecked or maybe wrecked or whatever, but as snowmobilers, we run into a lot of people playing some nasty tricks in the effort to hurt riders.

[Dozer]

I dont doubt that he owns to the middle of the road but there is still a right-of-way. The snowmobiler has just as much right to the right-of-way as the property owner does. I think it is talk that the property owner is putting up snow fence in a ditch and claiming it is to catch snow, I think hes just being a A**. What are snowmobile tracks in the ditch in front of his house going to hurt anyway?

[creepworm]

+1

My parents own to the center of the county road according to the deed, but the easement is 90 feet from the center of the road so they can do absolutely nothing with it, including putting up a snow fence.

[CrewJones]

i have seen people plow their whole ditch he in sherburne, really seems like stupidity but if your that crazy about your property there is probably other mental issues your dealing with