this sounds more like what we have at my grandmas farm. we use the land and we allow access to Pepco, or who ever owns the towers and lines now, to the property so they can work on the poles and or wires as needed and the areas that aren't field they cut the brush back once every other year.
Carry in vehicle question
- Thread starter Why Try
- Start date
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this sounds more like what we have at my grandmas farm. we use the land and we allow access to Pepco, or who ever owns the towers and lines now, to the property so they can work on the poles and or wires as needed and the areas that aren't field they cut the brush back once every other year.
this happens more than folks think. mostly they are just nosey and want to look around. just ask them what they want and tell them to be on their way.
PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,368
I can see a utility company calling Police on reasonable suspicion someone is messing with their property, but calling the Police because the land owner is driving his tractor near a pole?
"Trespassing on my easement" uh, what?
"Trespassing on my easement" uh, what?
Disgruntled neighbor calling it in perhaps?
- Dec 27, 2012
- 30,247
I don't get that. It would be one thing if a landowner agreed to or asked the local authority to look after things but just showing up because its a big piece of land? That bugs me.
bbgunn177
Active Member
- Jun 30, 2008
- 163
We had a similar situation on my grandfather's farm. The easement was written wide open for the first encroachment. The utility could do anything they wanted. They came back to us for additional land usage and the new easement was buttoned up tight in our favor to the point that they had to give 48 hour notice for regular maintenance, and stop and knock if emergency access was needed.
Remember you are in the drive seat. They need your land, it's your land, don't give anything that isn't necessary for the access and maintenance of the easement. Also don't be afraid to state that if the intended function of the easement ceases that the easement ceases too. A good lawyer versed in easements and land law is a must. Well worth the price you will pay.
PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,368
Disgruntled neighbor calling it in perhaps?
No doubt about that. I got family that own farm property in WV on a private owned road that gives access to cabins miles up into the mountain. Its always difficult to diplomatically get everyone to maintain their part of road
The law says you can carry on property that you own or lease. An easement doesn't change any of that. So yes, you can carry on land that you own that has an easement on it. But, be aware that most (but not all) high voltage power lines (the ones with the big towers) are on land purchased by the power company so they are not easements.
And just to stir the pot, many (again, but not all) rural parcels that are not platted, actually own to the center of the road, and the road is an easement. For that matter, in this state, most counties accept the road rights of ways from subdivided land as easements, not fee simple ownership. That means that technically you may own the land for half the width of the road right of way in front of your lot. I don't know if I want to be the one to test this, but it would be an interesting defense if you were arrested for carying while while standing at your mail box. Technically, you would be on land you may own even though it is in the road right of way. Note that I am referring to county or city roads. State highways are a different issue. In general the state does own the right of way for their roads.
And just to stir the pot, many (again, but not all) rural parcels that are not platted, actually own to the center of the road, and the road is an easement. For that matter, in this state, most counties accept the road rights of ways from subdivided land as easements, not fee simple ownership. That means that technically you may own the land for half the width of the road right of way in front of your lot. I don't know if I want to be the one to test this, but it would be an interesting defense if you were arrested for carying while while standing at your mail box. Technically, you would be on land you may own even though it is in the road right of way. Note that I am referring to county or city roads. State highways are a different issue. In general the state does own the right of way for their roads.
Why Try
Active Member
Not that I would ever test it but we own both sides of the road so by what you are saying I can walk across the street.
Do you have any of the Bundy Ranch turtles on your property?
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,458
The Natural Resources code is valid statewide. It can be enforced by any LEO, not just Nat Res PD. Other than possably some rural deputies in hunting country and Forest Rangers, most LEO probably not familar with it.
Mooseman
R.I.P.- Hooligan #4
I am seeing a lot of BGOS here.
I agree. I think it would be the very rare LEO that would try to cite you on your own property for carrying a loaded firearm in your own vehicle. And who would want to push this in court? It would get national press attention for overreach. If worrying about DNR compliance, take a loaded handgun. Harder to argue that most are hunting tools per se.
My deed says I own to the centerline of the state highway that passes in front of my house. I'm paying taxes on land the state is using.
fabsroman
Ultimate Member
That is kind of up to the discretion of the LEO. They can cite you for carrying a loaded weapon in a vehicle, whether you are actively hunting or not. You can be driving in Glen Burnie, be stopped, checked and charged if there is a round in a long gun in your vehicle, even if you are in plain clothes and not actively hunting.
They can apply DNR laws at any time, all they have to do it call in a DNR officer and he'll cite you.
It is for this reason alone, that you are strongly advised to not have any ammo in a weapon while driving anywhere.. lol
They do not need to call in a DNR officer to cite you, and the Natural Resources regs specifically prohibit having a loaded firearm in the vehicle; however, there is an exception when you are complying with the Criminal Law article or the Public Safety article. I think the exception allows a property owner to wear, carry, transport on his own property. With that said, I have not completely scrutinized both statutes and have not even taken a peak at the Public Safety statute exception.
This advice is worth what you have paid for it.
MD Code Crim. Law. 4-203 Wearing, carrying, or transporting handgun (Maryland Code (2013 Edition))
(a) Prohibited. --
(1) Except as provided in subsection (b) of this section, a person may not:
(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.
(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.
(b) Exceptions. -- This section does not prohibit:
(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:
(i) a law enforcement official of the United States, the State, or a county or city of the State;
(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;
(iv) a correctional officer or warden of a correctional facility in the State;
(v) a sheriff or full-time assistant or deputy sheriff of the State; or
(vi) a temporary or part-time sheriff's deputy;
(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;
(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;
(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:
(i) in the course of employment;
(ii) within the confines of the business establishment in which the supervisory employee is employed; and
(iii) when so authorized by the owner or manager of the business establishment;
(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or
(9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:
(i) the handgun is unloaded;
(ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and
(iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.
MD Code Nat. Res. 10-410 Restrictions on hunting wildlife generally (Maryland Code (2013 Edition))
(a) Sundays. --
....
(c) Hunting from vehicles. --
(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.
(2) If this subsection is violated by an occupant of a vehicle which has 2 or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, if present, shall be presumed to be responsible for the violation. In the absence of the owner of the vehicle, the operator of the vehicle shall be presumed to be responsible for the violation.
(3) Provisions of this subsection do not apply to a disabled person who obtains a special permit under § 10-307 of this title.
An easement is still your property, just that your grant access to that specific piece of your property to the utility company. I believe R&R meant going to the mailbox which may put you on the boundary of your property and leave room for interpretation.
As far as "hunting", if nothing is dead, you weren't hunting. Doesn't mean they can't make your life miserable.
fabsroman
Ultimate Member
Well now, the State is looking after the State's natural resources, as in wild game. You know how that all goes, right? lol
Who owns the air space above your land? Who owns the mineral rights? Who owns the wild game that just happen to be visiting?
Song Dog
Active Member
DNR only regulates hunting deer and waterfowl with a handgun, so small game is not regulated. Some counties have their regulations on caliber and discharging a firearm on your own property. Case in point Howard County has been posted on here can't discharge a firearm even on your own property while Montgomery restricts calibers below .25 caliber. So OP should check his county if their any restrictions.
