# property with RR tracks



## Fred Bear (Jan 20, 2000)

good point. But it actually states going from one farm to another. Not the act of farming.

I'm not talking about driving over it with anything bigger than a 4 wheeler.


----------



## Lumberman (Sep 27, 2010)

I think the simple answer is no. That being said I think you are over thinking. They will say no to anything ask. I guarantee it. Not because they are rude but because they are a business and everything comes with liability.


----------



## bigcountrysg (Oct 9, 2006)

Ok bottom line is on the property survey there should be an access point described. That is the point where you can cross with a motorized vehicle. If there is not one established then you should make sure the seller gets one established prior to the sale of the property. 

As for crossing the tracks by foot at any point to access your property on the other side. That is a tricky one, there has to be something in the deed or legal discription of the property. 

It should be common sense that there is a Legal Easement for the railroad to cross the property. With in that Legal Easement, should give the discription of easement for access and access points. 

What you are asking about should all be covered by the property discription, the deed, and the legal easement for the rail road tracks.


----------



## dead short (Sep 15, 2009)

bigcountrysg said:


> Ok bottom line is on the property survey there should be an access point described. That is the point where you can cross with a motorized vehicle. If there is not one established then you should make sure the seller gets one established prior to the sale of the property.
> 
> As for crossing the tracks by foot at any point to access your property on the other side. That is a tricky one, there has to be something in the deed or legal discription of the property.
> 
> ...


Yes....


Posted from my iPhone.


----------



## bigcountrysg (Oct 9, 2006)

Also to add to what I posted earlier. Unless the railroad company purchased the property from the property owner to run the railroad tracks. Then all the rail road company has is an easement of right of way. Which does not give the railroad company ownership of the property. They own the tracks yes, but not the property. 

Again all of this will be in the legal discription of the property. Which is what needs to be looked at and read over to understand the situation.


----------



## dead short (Sep 15, 2009)

bigcountrysg said:


> Also to add to what I posted earlier. Unless the railroad company purchased the property from the property owner to run the railroad tracks. Then all the rail road company has is an easement of right of way. Which does not give the railroad company ownership of the property. They own the tracks yes, but not the property.
> 
> Again all of this will be in the legal discription of the property. Which is what needs to be looked at and read over to understand the situation.


You could look in a plat book for that too.


----------



## DIYsportsman (Dec 21, 2010)

dead short said:


> You could look in a plat book for that too.


Ya like they have updated those in the last 10 years... Lol


_OutdoorHub Mobile, the information engine of the outdoors._


----------



## dead short (Sep 15, 2009)

Our county is republished about every 2-3 years with the appropriate changes. Course the one I normally use is a 2005 I think, so not to dependable. 


Posted from my iPhone.


----------



## Mitchell Ulrich (Sep 10, 2007)

bigcountrysg said:


> Ok bottom line is on the property survey *there should be an access point described*. That is the point where you can cross with a motorized vehicle. If there is not one established then you should make sure the seller gets one established prior to the sale of the property.
> 
> As for crossing the tracks by foot at any point to access your property on the other side. That is a tricky one,* there has to be something in the deed or legal discription of the property.*
> 
> ...


 *Should*..but not always.

*There has to be something*...again, not always. That stretch of land is now RR controlled.

*A legal easement for the RR to cross the property*...they use a machine called a Hertzog (self propelled rail car) or a modified Pick Up Truck with rail car wheels mounted on the front and back. The wheels raised and lowered hydraulically. These vehicles move up and down the rails, not through anyones fields. Even the modified Pickups cant get off the tracks until they drive onto a right-of-way crossing and raise the wheels. 

BIGS is right about the property's legal deed. There may very well have been a crossing at one point in time and for whatever reason is no longer there. Hopefully there was/is one and the Farmer(s) who owned the property never negotiated away the rights back to the Railway(s).

Hope things work out for you.

Mitch


----------



## DIYsportsman (Dec 21, 2010)

dead short said:


> Our county is republished about every 2-3 years with the appropriate changes. Course the one I normally use is a 2005 I think, so not to dependable.
> 
> 
> Posted from my iPhone.


Ya i was just messin with you, you lucked out about your county, 2-3 years isnt too bad i guess...


_OutdoorHub Mobile, the information engine of the outdoors._


----------



## bigcountrysg (Oct 9, 2006)

I know it is different with powerlines and access easements. How ever I have powerline easement and access easement accross my property. Because I have powerlines on the backside of my property and I have houses behind me so they have legal access easement to access their houses. 

But all of this is listed in my legal discription and the most recent survey which was when I bought the house. Being I never had the property resurveyed, the one from 2003 is the most current on county record for my house. 

In the legal discription it states what kind of access the power company has to the power lines behind my house.

Now with railroad tracks, my parents house has railroad tracks behind it. They have a legal right of way for the tracks. It measures just like a road 50ft from center of the tracks to both sides. So 50ft to the south of the tracks and 50 ft to the north of the tracks. There was never an established crossing for the tracks to get to the northside of the tracks. 

With that said, The OP needs to get ahold of the legal discription of the property so they can see what it says about the railroad tracks.


----------



## Fred Bear (Jan 20, 2000)

thanks everyone. I do have a copy of the latest survey and the legal description. Funny thing is, none of that states and easement or any other way to cross the tracks. The owner states she has always just walked across the tracks when she wanted to go over there. This all became a big problem when the title company wanted to write the legal description of the property and wondered what to do with it. They are calling the property across the tracks landlocked by the tracks. No one will loan money to purchase landlocked parcels. So an easement of foot traffic needs to be legally established.


----------



## bigcountrysg (Oct 9, 2006)

I would find out from the railroad company, what kind of legal right they have accross the property. Do they have a right of way or did they at some point and time buy the land from the property owners under an eminent domain purchase. You may have to go to the township clerk or county record of deeds and see when the railroad tracks were built and how the company gained access accross the property.


----------



## Mitchell Ulrich (Sep 10, 2007)

...and now you know the rest of the story.


----------



## Fred Bear (Jan 20, 2000)

not over yet. 
I received a letter today from the RR that quotes the exact MCL 462.273 4(e). The RR states that I can cross the tracks and the land is not landlocked. Just as I contended.


----------



## Mitchell Ulrich (Sep 10, 2007)

Fred Bear said:


> not over yet.
> I received a letter today from the RR that quotes the exact MCL 462.273 4(e). The RR states that I can cross the tracks and the land is not landlocked. Just as I contended.


Merry Christmas! Get that in writing and keep a copy of it for the bank and DNR while hunting.


----------



## Fred Bear (Jan 20, 2000)

oh, I have a copy of it.


----------



## answerguy8 (Oct 15, 2001)

I haven't read every comment but did you talk to the current owner about how he accesses the other side of his property?


----------



## Fred Bear (Jan 20, 2000)

yea, just walks over there.


----------

