Simple question, can an individual access a road Right of Way to forage apples on private property?  I own some land that borders a dirt county road and it is partially lined with apple trees that appear to be in the right of way.  I've had multiple people stop and pick apples and when questioned they tell me that since it's in the right of way they are allowed to do so.  I always assumed that the right of way was for utilities and road crews not for foraging on someone's property.  I called the Sherriff no emergency line to ask about it and the deputy had no idea one way or the other but he seemed to think the public could access the Right of Way for any purpose.

I am not a lawyer, but I believe the right of way simply allows vehicle transit, not free pilfering of your apples that obviously are not on the pathway.

The are trespassing and stealing IMO.

IANAL, but access for any lawful purpose is pretty much the situation. Nothing that I know of in the law prevents me from parking in the ditch, laying down a blanket and eating lunch.

But that doesn't mean that I steal your property just because I saw your car, your lawnmower, your dog, or your crops in a public right of way.

The apple pickers are taking the position that if the right of way goes 66' from the road center (huge, but one of mine is that wide), that they could combine a 45' swath of your corn.

Don't report them for trespassing, report them for theft.

His answer was "You didn't plant them, they are not yours"

I don't believe the Right of Way makes it public property.  To me it's still private property but others are allowed to transit it and the road commission controls what goes there.

Just my 2 cents...

How wide is the right or way? After you determine that, check to see if those trees are on your land or in the right of way.... if you haven't done this already.

If they're in the right of way, you have no claim to them, nor any fruit they bear.

If on your property, it doesn't matter if you planted them or not, they're yours. As is the fruit they bear. If it falls on public land it may be open to question if taking it is "stealing" so I'd let it go, not worth the hassle over a few apples... but if it lands on your property, fell from your tree, it most definitely is stealing to trespass and take it.

100% they are in the RoW.  I don't believe the RoW makes private property public.  I believe private property is still private but if it has a RoW it limits what I can do there based on the Road Commission's permission.  Have you found anything that states a RoW is public land?  I can find where it's open to public transit but not where it makes it public.  I am actually very interested in what is allowed in a RoW.  If someone is legally allowed to gather apples in the RoW on land I own then I should be allowed to gather firewood on another's RoW, to include state owned land.

I would check the code for the municipality you live in,

In my city I need specific permission to plant anything in the ROW, and the city can removed it as they please. (Of course that land is also factored into my property taxes )

Well, I'll dial 9-1-1 for you, and in a few minutes you can tell the sheriff why my property isn't my property.



The right of way IS his property. He owns it, pays taxes on it, has to let other people travel across it.