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Author Topic: Accessing public land from a non-county-maintained road  (Read 4221 times)

Offline OutHouse

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Re: Accessing public land from a non-county-maintained road
« Reply #15 on: December 29, 2021, 05:04:38 PM »
The title company comments should get you where you need to be. Give them all the parcels and ask if they can locate any easement documents. Another thing is easements can appear in deeds as well.

Offline Lumpy Taters

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Re: Accessing public land from a non-county-maintained road
« Reply #16 on: December 30, 2021, 03:51:01 PM »
Had a friend that lived on some property in a similar sounding scenario.   It all depends on who plotted the parcels and if they left any easements.  In his case it was old timber company land and they retained an easement for their access. People where using it for hunting access and the neighbors got it stopped.  Language is everything in legal documents.   While I hate to see any access route blocked.  Working with the land owners is always the best option
   
 

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Re: Accessing public land from a non-county-maintained road
« Reply #17 on: December 30, 2021, 04:57:02 PM »
In this state, the landowner is under no obligation to post their land, it's up to you to stay off it.
That is not completely true. Read the bolded part.
https://app.leg.wa.gov/RCW/default.aspx?cite=9A.52.010

The following definitions apply in this chapter:
(1) "Enter." The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.
(2) "Enters or remains unlawfully." A person "enters or remains unlawfully" in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.
(3) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property.
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Re: Accessing public land from a non-county-maintained road
« Reply #18 on: December 30, 2021, 05:19:27 PM »
In this state, the landowner is under no obligation to post their land, it's up to you to stay off it.
That is not completely true. Read the bolded part.
https://app.leg.wa.gov/RCW/default.aspx?cite=9A.52.010

The following definitions apply in this chapter:
(1) "Enter." The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.
(2) "Enters or remains unlawfully." A person "enters or remains unlawfully" in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.
(3) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property.

Thanks, must have my states mixed up.

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Re: Accessing public land from a non-county-maintained road
« Reply #19 on: January 13, 2022, 11:45:35 PM »
END OF COUNTY, maintained road means JUST that! The residence like us do fill gravel potholes, cut tree's off the road and drain any minor flooding.
Just Knock on doors and ask permission.. :yeah:
One thing in LIFE is,,, We cannot out run time!

Offline GWP

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Re: Accessing public land from a non-county-maintained road
« Reply #20 on: January 14, 2022, 08:50:58 AM »
Had a friend that lived on some property in a similar sounding scenario.   It all depends on who plotted the parcels and if they left any easements.  In his case it was old timber company land and they retained an easement for their access. People where using it for hunting access and the neighbors got it stopped.  Language is everything in legal documents.   While I hate to see any access route blocked.  Working with the land owners is always the best option

Both of our properties have easements with different terms. On one we needed to get a 'land lawyer' to determine our rights to determine our rights on our own property after there was some abuse of the easement by 'non authorized easement access' folks and confrontations with them, including police visits.
It pretty much boiled down to them deciding they could use it and believing that the easement applied to everyone and they could do what they wanted. The stupid part is there is 'public' access two blocks away, but it became a 'thing' for them to force it. They were wrong.

Offline kball4

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Re: Accessing public land from a non-county-maintained road
« Reply #21 on: January 19, 2022, 12:54:00 PM »
End of county maintenance means the road is now a private easement or driveway.  An easement in WA is for the ingress and egress of land owners and there guests.

Offline HntnFsh

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Re: Accessing public land from a non-county-maintained road
« Reply #22 on: January 19, 2022, 08:21:42 PM »
Not so sure about that. At least around here I have seen these signs and the county road went past them. They just weren't maintained.

Offline Tball77

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Re: Accessing public land from a non-county-maintained road
« Reply #23 on: May 11, 2022, 07:33:53 AM »
If the county or city maintains any portion of the road you can park on it.  My personal experience was using OnX to access land in Okanogan county and parking on a road only to have a resident of the area scream and yell at me for parking on state land according to the OnX map.  Rather than fight with the resident I walked back to my truck and once I was in cell phone range I contacted the game warden and told him about the incident.  While on the phone with the warden I explained where I was and he agreed I was parked on legal land but also looked up the records from the county to find that the community maintained their road as well as hired out the snow plowing making the road accessible by the residents even though it wasn't marked that way.  He said that you can look up that information at the county office if you are unsure.  He was happy I called to clarify and made contact with the resident who ended up being a pretty decent individual who I was able to meet face to face and apologize for the confusion.  He looked at my OnX with me and said he understood how it could be confusing and was working with his neighbors to make the signs more clear and less confusing for hunters attempting to access public land that is somewhat landlocked.  It's best to call the game warden over a sheriff but both can find the information you are looking for.  And also, I found it very valuable to double back with the resident of the community which I would always encourage if you find yourself in a spot like that.  Most of the people you will talk to appreciate honest mistakes and are hunters as well. 

Offline bornhunter

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Re: Accessing public land from a non-county-maintained road
« Reply #24 on: May 11, 2022, 07:54:37 AM »
The part about required to post land is true. Land owners are not required to post their land private.

Offline h2ofowlr

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Re: Accessing public land from a non-county-maintained road
« Reply #25 on: May 11, 2022, 08:15:33 AM »
Last season, I was accessing a BLM spot from the top side, and it was a long hike in.  I had been watching the deer come out of some private land and crossing into the BLM land.  Long story short, the BLM land went down to this dirt road which had a spur off it, so I could drive up onto the BLM land off of this spur.  My rig and me stepping out would be on the BLM land.  The landowner walked up to me and said I couldn't part at this location as I had to access it via a private road that went to private houses.  If I kept my vehicle in that spot, the warden would be called, and I would be given a trespassing ticket.  I showed them my OnXmaps and they said they know.  They have been fighting this and the game warden was issuing tickets.  I tracked down the game warden and he said he would ticket anyone that parked at that location.  I showed him my OnXmaps and he said they had filed a lawsuit to restrict access to that spot as they were anti hunters and would not let any hunters come down their private road.  Moral of the story, if you have to access a public spot via a private road, you probably have to trespass to do so and you may be held accountable for that action.
Cut em!
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Re: Accessing public land from a non-county-maintained road
« Reply #26 on: May 11, 2022, 08:17:55 AM »
The part about required to post land is true. Land owners are not required to post their land private.
Read my post above on this.
Bruce Vandervort

Offline Macs B

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Re: Accessing public land from a non-county-maintained road
« Reply #27 on: May 11, 2022, 08:24:02 AM »
In this case Hump, the very presence of the road negates the notion that the land is unimproved or unused.  Landowners are not required to fence or blaze their property in order to establish a boundary if other conditions are met ie landings, culverts, logging roads, ertc etc.  I've taken this question to court here in Washington several times and won every time.  The language of the RCW is not misleading, it is simply not complete.  The court record fills in the gaps.   
I delete my posts after two days.

I've never claimed to be a house painter or a mechanic so it always amazes me how many people want to claim to be a lawyer.

Offline hunter399

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Re: Accessing public land from a non-county-maintained road
« Reply #28 on: May 11, 2022, 08:40:03 AM »
I'm gonna say ,when you hit that sign that says no more county maintenance ,then your on a private road.
You need permission.
Two birds in the Bush is always better than one in the hand-that way you can always go to the Bush and hunt another day .conservation=Better hunting.
Wrote by hunter399

Offline bornhunter

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Re: Accessing public land from a non-county-maintained road
« Reply #29 on: May 11, 2022, 09:22:53 AM »
The part about required to post land is true. Land owners are not required to post their land private.
Read my post above on this.

 :tup:

 


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