Even though it is in the right-of-way, the property owner still does technically own the land; usually to the center of the road. Again, technically, on rural roads, you can keep people from parking alongside of the roadway if you own the land. We know of some people who have enforced this and found out they are correct. Still, the police departments usually don't like to get too involved and will try to talk the landowners out of enforcing it. It is a different matter along state or federal highways though.
btw, even though the county has the right-of-way they can not just come out and cut trees along the roadways at their discretion. Two cases in point. They wanted to cut several trees along the road on our place and I told them no, I did not want them cut. They still stand. A neighbor also did this to another road. The township was going to pave a mile of roadway and went to the expense of having it suveyed. Then after the stakes were planted they went to the landowners. All but one landowner was in favor of giving up some of their yards except for one landowner who happens to have 1/4 mile frontage. Even though he does not have any buildings on this property, he said no to the cutting of trees (I don't blame him). The road did not get paved. Point is, one should not just automatically cave in to what the townships or counties want to do. You still have some rights!
Around here they have this group called Forever Farms which is a misnomer. It was started by a politician which should tell you something to start with. Anyway Maine has the oldest population in the state and a lot of farm land is being turned over to the next generation, but the problem is, a lot of kids have left. So they prey upon landowners by making the claim that it will forever be a farm. Not so! The first farm that signed up did not ven have the ink dry and it was swallowed up by eminent domain. A school expanded next door, and rather then take the expensive sub divided land on the rights side, took the cheaper valued land on the left side...the "forever farm" The lawyer for Forever Farm explained to us farmers that landownership was like a bundle of sticks which it is, and that "for a fee" take the ability to build on it away so that it stays a farm forever. The problem is in the fine print. They actually have the right to sell off small allotments of that land for house lots "to defray the cost of maintaining the parcel". yep...they can legally subdivide it, but you have to pay them yearly to be a Forever Farm. So like you say Backwoods Savage, I am like, "so let me get this straight, you expect me to pay you to take away my landownership rights when every day I have the EPA, the state and my own town taking them away at unprecedented rates? I was never invited to any more of their meetings! But it is true. If you go to the EA website at the top it explains in a big banner how the new ruling by the US Supreme Court over the Army Corp of Engineers having authority over every acre in the USA will not change anything, yet the USDA-NRCS wetland specialist tells me I can now be fined by them. Which is it? Yes our rights are be taken away every day and we don't even realize it. Thanks for bringing that up Backwoods Savage; you are indeed correct and you have my respect for informing us.
I own to the center of the road here too. I pay taxes on to the center of the road too. The town may have a "right of way" but they can't come cut down any tree they want. Neither can the utility company clear around their poles any further than removing branches near the wires. They can't cut a tree down if they want either. Has to get approved at Town Meeting first. Has to get approved by the property owner. Papers have to be signed. The ONLY time the town can cut a tree is if it fell in the road from a accident/storm or it is threatening to fall in the road causing an accident. After a storm they will clean up and they usually leave the trunk of a tree for 24 hours. If the property owner hasn't moved it away from the sidewalk they remove it as a courtesy.
Here in NJ I own to the edge of the road but they still have a right of way something like 20 feet in.
Where I live in La Crosse county, WI, the county owns the road and right of way. I have seen the paper work where the county bought the road and right of way from the landowners years ago. The width of the road and right of way varies as well. Seems like every state or local jurisdiction is different and it is up to us to know the local laws regarding land ownership.
The bottom line is that I would not feel bad about taking the wood because most likely it was going to sit there and rot.
I guess I look at this a little different. They should thank you for taking the wood and cleaning the ditch out so it won't overflow
On my house in a housing tract I don't even own all the way to the street but on my country acreage I own to the center of the road. The properties are within 20 miles of each other but the deed on each one is quite specific about boundaries.
