5509.11
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FOREST SERVICE HANDBOOK
OTTAWA NF (REGION 9)
IRONWOOD, MI
FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS
CHAPTER 10 – TITLE CLAIMS AND ENCROACHMENTS
Supplement No.: 5509.11_10-2015-1
Effective Date: November 2, 2015
Duration: This supplement is effective until superseded or removed.
Approved: LINDA L. JACKSON
Forest Supervisor
Date Approved: 10/23/2015
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove the entire document and replace it with this
supplement. Retain this transmittal as the first page(s) of this document.
New Document
5509.11_10-2015-1
2 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
5509.11_10-2010-1
2 Pages
Digest:
2015 Currency Review – Reissued with no change in content
R9 OTTAWA SUPPLEMENT
EFFECTIVE DATE: November 2, 2015
DURATION: This supplement is effective until superseded or removed.
5509.11
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FSH 5509.11 TITLE CLAIMS, SALES AND GRANTS
CHAPTER 10 – TITLE CLAIMS AND ENCROACHMENTS
CHAPTER 10 – TITLE CLAIMS AND ENCROACHMENTS
11.13 – Inventory
Keep a plan and carry out an inventory of title claims and encroachments in connection with
resource management activities. Indicate possible resolution and prioritize, using criteria at FSH
5509.11,11.14 as a guide, and Exhibit A, Ottawa NF Encroachments, attached, as inventory
format. Involve the Forest Surveyor in the preliminary investigation to confirm suspected
encroachment
11.21 - Documentation
Document the facts surrounding each case using the applicable sections of the title Claim and
Encroachment Report at FSH 5509.11, 11/88, 13/11, Exhibit 1 as a guide and evaluate.
1.
2.
With District Ranger approval, personally contact the occupant, as soon as the
preliminary investigation is complete, to place the occupant on verbal notice that
the suspected problem exists and to prevent additional trespass. Learn the reasons
for the occupation; obtain copies of documents such as surveys or deeds.
Follow up with written confirmation by CERTIFIED LETTER, RETURN
RECEIPT REQUESTED. Avoid strong demands, but set a date for the resolution
or outline the steps that will be taken to reach a solution by a definite date. State
that all future developments and improvements must cease until the encroachment
has been resolved (See Exhibit A-1 for an example)
13.12 – Alternatives
1.
Decide what alternatives are available and applicable
a.
Removing improvement(s) in trespass;
b.
Special use permit with definite date for terminating permit and
removing improvement;
c.
Small Tracts Act (interchange or sale); (what qualifies – see Exhibit D)
d.
Purchase trespasser’s property;
e.
Exchange for trespasser’s property
2.
3.
Contact landowner and discuss situation
If improvement(s) is to be removed, send certified letter to landowner indicating
what the survey shows, what must be done, when it must be done (date). Follow
flow chart steps in FSH 5509.11, Chapter 10, 13.1 Exhibit 1. If improvement(s)
cannot be moved and trespass is innocent or was due to Forest Service error, then
Small Tracts Act may apply. Follow steps is FSH 5509.11, Chapter 20. Use
Exhibit C for STA report purposes.