03/25/2026
P.S.A. - SOUTHERN RR RIGHT OF WAY CONTROVERCY IN SHELBY COUNTY, TN.- IS PART OF YOUR PROPERTY WITHIN THEIR ROW?
There is a notorious and very real property law headache in Shelby County—especially in towns like Collierville and Germantown, where the old Southern Railway (now Norfolk Southern) runs right through the heart of the community.
What you have heard is correct. There is frequently a legal collision between what modern property deeds say and what the railroad claims they control. Here is the research and the legal reality behind this discrepancy.
1. The Math: 100-Foot Total vs. 100 Feet from Centerline
First, let's clarify the measurements, as this is where the confusion usually starts:
If your deed states that your property line ends 50 feet from the centerline of the tracks, the deed is acknowledging a 100-foot total right-of-way (50 feet on your side + 50 feet on the opposite side).
If the railroad is only claiming a 100-foot total prescriptive right-of-way, your deed and the railroad actually agree.
The real conflict: The problem arises because historical railroad charters routinely granted 100 feet on each side of the centerline (a 200-foot total right-of-way). If Norfolk Southern asserts a 100-foot prescriptive right from the center, your modern deed is suddenly overlapping their legally claimed land by 50 feet.
2. The 19th-Century Charters (Where the Railroad's Claim Originates)
The tracks running parallel to Poplar Ave/US-72 were originally built by the Memphis & Charleston Railroad, chartered by the state in the 1840s (later acquired by Southern Railway, and today owned by Norfolk Southern).
To encourage rapid expansion, 19th-century state legislatures granted these railroads massive powers through their state charters, including a concept called statutory presumption:
If the railroad laid track across private land and the landowner did not file a lawsuit for compensation within a strict timeframe (usually 1 to 2 years), the railroad automatically acquired a permanent right-of-way by operation of law.
Crucially, these legislative charters permanently dictated the width of that right-of-way, regardless of whether the railroad actually used all of that land.
3. Why Modern Deeds Disagree
As the Memphis area grew and agricultural land was subdivided into the neighborhoods we see today, developers and surveyors drew up new deeds. They often marked the property lines at 50 feet from the tracks, likely because the railroad was only actively maintaining or using that 50-foot strip. Over decades, these deeds were bought and sold, and homeowners rightfully assumed their property began exactly 50 feet from the center of the tracks.
This creates a massive blind spot in real estate:
The Title Search Trap: A standard title search only looks back about 50 to 60 years. Title examiners see the "50 feet to centerline" language in the modern chain of title and approve it. They rarely pull the 1840s legislative charters.
The Insurance Exception: Title insurance companies are well aware of these ancient, unrecorded railroad claims. Because of this, standard title policies in Tennessee almost always include a blanket exception for "rights-of-way of railroads," meaning they won't pay out if the railroad suddenly enforces its historic boundary.
4. Prescriptive Easement vs. Absolute Ownership
It is worth noting that the railroad usually does not own this extra width in "fee simple" (absolute ownership). They hold a prescriptive easement exclusively for railroad purposes.
However, in the eyes of the courts, a railroad easement is practically absolute. The railroad has the exclusive right to use, maintain, and clear that land for safety, drainage, or future expansion. If a property owner has built a fence, a pool, or a shed 60 feet from the centerline—fully believing their modern deed—the railroad can legally demand its removal if they can prove their historic charter grants them 100 feet from the center.
