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.
Speaking to her might actually confuse things. Recommend being friendly and asserting your rights.
Thanks so much. I mainly wanted advice on how to get started, sadly (or happily) this street used to have a bunch of lawyers and they moved. Or is this even something I should continue to the bitter end or just accept. It is just not me however, there are several upset people over this.
You know that is so true, I work in a hospital with a trauma center, I have seen patients where the shooter was in the trauma unit not too far from the victim. I asked a nurse how she deals with it and she says, I just look at them as a person, I can't even think about what they did. I am here only to save his life, not be a judge
Several people tried to talk her into getting a gate on her own property, yet it was just full steam ahead for the woman
Thanks, it is just difficult for me to understand that so many people were against it and one person wins. I just don't get it.
County might trump the city on this one.
If she is on the end and that is the end she locked, double chain the gate and have next door neighbor park blocking it or making it a 2" squeeze for her to get by.
If it's only brown....you're OK. But....if it's brwon ....I would see a doctor.
Of course...it could just be the onset of puberty.
If you didn't get an attorney - that was the reason you lost.
There is no problem, no matter how vexing, that cannot be solved by the proper and thoughtful use of explosives.
She can't be sued. She didn't close the alley, the city council did. Citizens can't be sued for making requests.
Run for city council the next time your rep is up for re-election. Then get your friends elected in other wards. A situation similar to what you have described is how my family got into politics.
God, I hate people like that...good luck to you, you're gonna need it!
Living in Memphis is the real problem.
If that does not work, see if you can find older surveys from 1960's, or even earlier. What you are looking for is called a right of way or guaranteed egress.
Don't go thinking you have right of adverse possession unless you are also paying property taxes on that land.
The long and short of it is, you all need lawyers, but you can cut down on some of the expense by doing some legwork yourselves. Good luck.
The beauty of our system of government is that we don't have to rely on courts and lawyers to solve issues. Politicians are elected and we can all run for office.
Remember, ingress, egress and preemptive right of access to property. I'm sure Tenn. follows customary common law and statutory & caselaw on those subjects.
Oh, I find it strange that if the property is really community/public... then why does only she have a key?
I'm not an attorney, but I am a real estate broker and it seems you do have several options open. I'd just forget it for now, enjoy the evening and chat with a few neighbors next week or after the New Year to see if they will join you consulting a lawyer. Probably also be best to find a "Real Estate Attorney". Find one who confines his/her practice to real estate matters. Merry Christmas !
Nam Vet (well fed and 'watered' late Christmas day .... excuse all typos and bad grammar)
As I understand it from earlier posts, the gate is physically on her property. If so, she can be sued to remove it, even if the city gave her permission to erect it. She can make that argument and perhaps even prevail, it'd just cost her.
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