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Resident warns rail‑bed plans could block farm access; commission weighs joint‑use, prescriptive rights
Summary
A local farmer told the commission the family relies on an old rail bed for equipment access; commissioners recommended title research and options including joint‑use agreements with the utility that holds a right‑of‑way.
Resident Steven Richard told the Pembroke Conservation Commission he and his family have used an old railroad bed for decades to reach farmland and that a recent transfer of nearby land to conservation has raised concerns about future access if the rail bed becomes a formal trail.
"I live at 61 Bowling... Will the next board honor access to our land?" Richard asked, describing the rail bed as the practical route for tractors and harvest equipment. Commissioners responded that utilities frequently hold rights‑of‑way that coexist with land ownership and suggested remedies including a joint‑use agreement with the utility (Eversource/PSNH) or pursuing a prescriptive‑use claim backed by long‑term documented use.
A commissioner advised a title search and documentation of long‑standing access to clarify whether legal access exists in deeds or was established by prescriptive use. Another commissioner noted that joint‑use agreements are common when a transmission right‑of‑way crosses private land and suggested the resident contact an identified Eversource community relations representative (Donald Stokes) for initial information.
Commission members flagged the trade‑off between future rail‑trail design and large‑vehicle access for public‑service or farm maintenance needs: a trail built only for bikes and pedestrians may not accommodate tractors during harvest. Commissioners said they want to preserve farming access and will follow up with title research and counsel to determine a durable solution.
