Is it trespassing or right of way?

Don't know if I have the right catagory for my question.
I have an unusual question. I ride my horse along a rural state road in Pennsylvania. There is a farmer that owns property on both sides of the road. Because the road is narrow and has alot of traffic, I ride about 8' to the side of the road. The farmer told me to get out of his field and that I was trespassing. I told him that this was a right of way and I was using it. Who is right?

The farmer doesn't own the side of the road. the state and/or county does, and as long as you don't cross over to far you'll be fine. Just be polite in pointing this out to him.

What is "too far"? He plants crops to within 5 or less feet of the road. This guy is just plain nasty. Anyone who knows of him doesn't think he's a very nice person. Do you or does anyone know how much road width the state owns?

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by jess:
The farmer doesn't own the side of the road. the state and/or county does, and as long as you don't cross over to far you'll be fine. Just be polite in pointing this out to him.<HR></BLOCKQUOTE>

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Joan:
What is "too far"? He plants crops to within 5 or less feet of the road. This guy is just plain nasty. Anyone who knows of him doesn't think he's a very nice person. Do you or does anyone know how much road width the state owns?

<HR></BLOCKQUOTE>


My response:

Check with your State's Department of Transportation - Roadworks Division for an answer. Also, if the farmer's land isn't fenced, and this has been going on for a very long period of time (e.g. 5 or more years), an easement may have been created.

IAAL


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You can also check the plat maps and see if the road easement width is described there. Take your long tape measure out and see how far the easement goes. Try to stay inside the easement area when crossing the farmer's land. Politely show the farmer where the easement edge is. You have a right to ride your horse in the road easement area. You might also check to see if Penn has special laws regarding horses on roads. Given the Amish population, it might. Your local riding club/sheriff's posse is a good starting point.

Stay out of the farmer's crops unless he has clearly planted inside the easement. In WA, causing damages to crops subjects you to triple damages + attorney fees.

The _horse_ leaping sideways beyond the easement when the gravel truck goes by is not a voluntary act and won't subject you to criminal trespass. (Mine hates gravel trucks. And we have big ditches out here. Gulp.)

If the farmer is still unreasonable and starts threatening you or booby-trapping the edges with glass bottles, get a restraining order.

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This is not legal advice and you are not my client.

[This message has been edited by Tracey (edited March 30, 2000).]