City Right of Way and Abandonment

What is the name of your state? Texas

Situation:

We have two properties which abut to a city-owned undeveloped alley. The undeveloped alley runs between our two properties (which is behind our house.)

When we purchased the properties five years ago (a single deed) there was an existing fence which blocked access to the undeveloped alley. The fence surrounds both our properties.

We built a new fence two years ago running the same boundary lines--and received all city-approved permits to do so. We are aware of one utility pole which falls within the boundaries of our fence.

We received a code warning last week for encroachment on public right-of-way. We are told by the city that we must either remove the portion of fence blocking public ROW or file for abandonment. We will likely pursue abandonment. But we are also told that if we assume the undeveloped alley, we would still have to ensure public access to that property.

Note: There is also a developed alley which runs directly behind the second property. The undeveloped alleyway that runs through our two properties really has no public use other than for utilities--and there is only one utility pole within the boundaries of our fence. We also believe there may be a stormwater drain through the easement.

Questions:

Do we have personal-protection rights, "squatters rights" or any rights to keep the fence across the city-owned easement?

Do we have any way of acquiring a waiver to keep the fence up?

If we acquire the property through abandonment, do we have any rights to keep our fence up and make individual access arrangements with any utilities that might need it?

Thank you very much for any advice you may have.

[HomeGuru]

Originally posted by aksch
What is the name of your state? Texas

Situation:

We have two properties which abut to a city-owned undeveloped alley. The undeveloped alley runs between our two properties (which is behind our house.)

When we purchased the properties five years ago (a single deed) there was an existing fence which blocked access to the undeveloped alley. The fence surrounds both our properties.

We built a new fence two years ago running the same boundary lines--and received all city-approved permits to do so. We are aware of one utility pole which falls within the boundaries of our fence.

We received a code warning last week for encroachment on public right-of-way. We are told by the city that we must either remove the portion of fence blocking public ROW or file for abandonment. We will likely pursue abandonment. But we are also told that if we assume the undeveloped alley, we would still have to ensure public access to that property.

Note: There is also a developed alley which runs directly behind the second property. The undeveloped alleyway that runs through our two properties really has no public use other than for utilities--and there is only one utility pole within the boundaries of our fence. We also believe there may be a stormwater drain through the easement.

Questions:

Do we have personal-protection rights, "squatters rights" or any rights to keep the fence across the city-owned easement?

**A: no.
******
Do we have any way of acquiring a waiver to keep the fence up?

**A: ask the City.
*******

If we acquire the property through abandonment, do we have any rights to keep our fence up and make individual access arrangements with any utilities that might need it?

**A: ask the City and the utility companies that are benefactors of the easement.
******
Thank you very much for any advice you may have.

**A: no problem. That was easement.