But, be ready for a ton of work to get it through.
Posted on 12/25/2005 8:27:45 AM PST by mel
Here is the history of my frustration. A couple of years ago, a neighbor installed an iron gate in the alley behind my house. The alley is odd, in that it takes a 90 degree turn and goes by the side of this bit..er woman's house. So her driveway is really the alley and then she turns into her own drive. The house sits fairly close to the alley, but I have seen houses that sit just as close to city streets.
At any rate, it didn't make that much difference because the gate was not locked. I understand that she locked it at times and one of the other neighbors sawed the lock off. But, for the most part, it really didn't bother too many people because we could always get out if we needed to go that way. I doubt if one car or truck a month drove on the alley by her house.
Last October, we got a notice that she was requesting the city (Memphis) to close the alley. Several of us went to the Land Use Control Board and explained that there was a lot of utilities in the alley, sewer, cable and telephone lines and when the trucks go in there, the people that have only alley access to their homes will be denied the ability to get out. Let me add this is a 900 foot long alley and it is nearly impossible to back out. Routinely, trucks and cars that back out hit some of the garages or buildings that are along the alley.
At any rate, this bit err woman had one of her friends who used to be on the board to speak for her in support of the alley closure. Of course, there were several of his cronies on the board and it passed. Although there were more people against the closure that for it.
Because it was a street/alley closing, it had to go to the City Council, we went last Tuesday. Wouldn't you know it, due to Christmas week, there was a lot of people on the opposition side that were out of town due to the holidays. The old bit.er lady got her stepson, the neighbor across the street and a couple of other people to speak for her. And it passed City Council 7-6...LET me add that the people who spoke in support of the alley, did not have the alley as their only means of exiting their homes. They all lived across the street, around the corner, or another part of town. There were 19 people who signed petition against the closure, yet the alley was closed.
I tried to keep the alley open so that when utilities had to get in the alley, people could at least exit the other end. But now it is a closed alley, which causes me to wonder who has priority, the citizens who live on the block or the city who needs to get in for repairs. Will the utility workers now have to park and walk to do their work or will the residents be forced to park on the street? Also, the city relinquished all responsibility for the alley, so who is going to keep the trash and leaves out of the alley. The city used to come and clean if called, but now since it is a closed alley will they even do that?
I along with several neighbors are shocked that the desires of one resident trumps the concerns of an entire block. I just don't understand it. Is there something that I am missing. Let me say this woman is 67 years old, husband died a few months ago and she really played security as the reason for the gate. Although, she did not have any type of fence or gate on her own property.
Any advice on any legal paths to follow in this matter? I would really appreciate it.
But, be ready for a ton of work to get it through.
Advice? See an attorney.
Yes! Good answer. It is amazing how many problems you can solve with that tool.
Then, several days later...invite them to dinner and enjoy yourselves with them.
A week after that, sit down and talk to them rationally about the issue.
All of that will save you a lot of stress, a lot of legal fees...and it will make a friend and probably solve the problem.
Just my advise. Merry Christmas.
Free Republic - your information source for all medical and legal questions.
"I along with several neighbors are shocked that the desires of one resident trumps the concerns of an entire block."
This happens in the workplace a lot. I am passed being shocked by it but it still is amazing. In my experience in the workplace it is always a bit.er lady, rarely a man.
I say chalk it up to "one of those things" and go on with your life. You know life is not fair.
"Free Republic - your information source for all medical and legal questions."
Yup. Heck, I say just nuke the woman's house. That way there'll be a big alley to drive down.
Merry Christmas
Check with emergency services for their access plan to given address's that are served by the alley. Then present the findings to a lawyer and start civil process against the city to reopen the alley and nullify the previous ruling.
I went to a call of a man putting a fence down the middle of a road, he told me that his deed called his property line "to the middle of the road" The fence still stands. The party on the other side had to add a new side to the road on his property to pass. Seems the neighbor would not assist in taking care of the road and the man that put the fence up made his own road and fenced him out.
Check to see where your property line is and if it is to the center of the road the city can not close it.
Let go of it for a week or so and hope you don't get socks for the second Christmas in a row......
Of course everyone hate lawyers until one is needed to protect your rights or legitimate interests. See a local young, aggressive, hungry lawyer and ask about the rights of ingess and egress and preemptive rights of access to property.
I have this strange growth its brwon and has 3 hairs on it can you help?
Thanks...and a very Merry Christmas to you and yours. May the true spirit of the season, His Spirit of love and service, fill your lives and uphold you throughout the year.
I agree with you. If the alley is closed and the thread author's property backs up to the alley, there's a good chance he can claim ownership of that portion of the alley to the center line. Fence it off and make the old bit,,er I mean lady's access Zero.
Yep.
I am mad, disappointed, frustrated and really am feeling short-changed. Any advice appreciated
move to the country...you're welcome, and merry christmas :D
You could put super-glue in the lock and then she can't get out.
I agree after all of this and her verbal abuse to people working in the alley and complaining about our old beat up Chevrolet truck parked in front of house, I am really gun shy of moving to a neighborhood where a lot of neighbors are around.
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