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To: mel

When she first put up the gate was the time you needed to go to the city, whether locked or not. You waited too long. She could claim to the city that she had closed the alley for whatever amount of time and no one objected. It's close to letting your neighbor use a piece of your property and to maintain it without anything in writing. Eventually, the neighbor can claim the property as his.


53 posted on 12/25/2005 11:12:21 AM PST by penowa
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To: penowa

I guess I was stupid, I thought no one would be that bold as to lock the entire block out. What a fool I am!


54 posted on 12/25/2005 11:21:02 AM PST by mel
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To: penowa; mel
What you are thinking of is called "adverse possession" and it takes many YEARS of uncontested use to even have a chance establishing that. If these homes are years old and all have continually used the alley without that use being contested until now, then it would seem to me that an easement has been established throught that use by all of the properties bordering the alley. In any case, a close examination of the deeds (public info) will clear up a lot. Of course, do that with the aid of an attorney, hopefully representing the whole group of you contesting the city ruling. Who knows? Maybe the city didn't even have the right to grant her what they did. The deed exam will tell a lot. Whatever Freeper(s) suggested the safety aspects of fire and emergency access are also spot on.

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)

99 posted on 12/25/2005 7:40:33 PM PST by Nam Vet (The Gaulistinians are rioting to reclaim the ancient 'holy ground' of Paris.)
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