Easements ways and lines

Termination dust brings awareness that blueberry harvesting season is upon us and rose hip harvesting season is not far away. These times of year draw many of us into nature's grocery store, where the picking is ripe and the rewards are sweet or tangy. But as you head out with your baskets and bags, it's important to understand the boundaries and rules of the land you're walking on. There are legal distinctions concerning land use that can affect where you may legally gather wild foods. Let's break down the differences between easements, section lines, and rights of way to help you stay on the right side of the law during your outdoor activities.

Easements are like invisible pathways on someone's property that allow others to use the land without owning it. There are different types of easements. For instance, public easements are open for anyone to use, and they sometimes connect different public lands. These public easements make for handy routes for berry pickers. On the other hand, private easements are agreements between specific parties. The most common private is a Utility Easement, which allows a utility company to run power lines across private property. If you wander onto a private easement thinking it's open to the public, you are trespassing. Always verify which easements are public before you venture out and respect private properties.

Section lines are wide lines between properties that surveyors use to divide land into squares, known as sections. Each section line serves an important role in property management and land ownership. In Alaska, surveyors divide every township into 36 sections, each one square mile in size. These lines themselves don't always show a right of passage. However, there might be a public right of way along a section line, meaning you can legally walk along it. Knowing the difference is important because if the section line does not have a designated public right of way, then walking there without permission could be trespassing.

Rights of way are more formal than just easements or section lines. They refer to the legal right to travel across certain pieces of land. These can be pieces of land that the government or utility companies need access to for roads, trails, or pipelines. In Alaska, there are many rights of way that are public and free for you to use. This means they're excellent routes for getting into the wilderness to find those secret berry patches. Sometimes, signs indicate that you can legally pass through rights of way. Just because a path looks like a right of way, that doesn't guarantee it. Always check to ensure it's publicly designated. And, yes, it's "rights of way," and not "right of ways," when talking in plural.

Alongside these legal terms, it's equally important to understand that property lines mark the boundaries of privately owned land. Private property lines are never public access points. No matter how tempting a stretch of berry bushes on the other side of a fence or property marker might be, crossing into someone's private property is against the law unless you have explicit permission from the landowner. This is why sticking to public lands, trails, and appropriately marked rights of way is essential. Respecting these boundaries ensures you won't find yourself facing legal trouble, and it honors the rights of the property owners. You cannot walk down a property line to access public land behind it, even if it is "just right here.”

Alaska law aims to balance the rights of landowners with the public's access to natural resources. We are one of the few states whose constitution specifically guarantees the right of people to access public lands. Before heading out for your blueberry jaunt or rose hip hunt, consider using maps specifically designed for public use paths and hunting areas. Websites and apps provided by the state of Alaska or local outdoor organizations can help guide you to the right spots legally.

Remember, respecting land use laws not only keeps you out of trouble but also protects the environment and property rights of others. As you prepare for your next harvest, keep in mind the invisible lines and rights that govern where you can and can't go.

Christian M. Hartley is a 40-year Alaskan resident with over 25 years of public safety experience and public service. He runs a freelance business, Big Lake Writer, from home in Big Lake that he shares with his wife of 19 years and their three teenage sons.