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Old 03-22-2002, 12:25 AM
pooh1965
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easement rights


(Arizona)...Hi. I have a question regarding an easment that is aprox. eight feet from the back door of my home. This easment is constantly filled with debris, furniture, trash, weeds, hypo needles ect...I contacted the city and they stated it is my responsiblity to keep this "ditch" clean, that they do not do this. I find this , as well as other neighbors, to be a health hazzard. The city placed a gate to allow easy access to the drainage well area from a major road. However, this allows all sorts of strangers and transients into my yard, since this "ditch" ends right in my yard. I told the city this allowed trasspassers into my yard by placing this unlocked gate there. They disagree. I have had several items stolen from my back yard as well as carport. I have found people in this "ditch" and asked them to leave my "yard", of which they would not leave. I then decided to place my own lock on this gate. and I also chained up the well access area so people cannot go in/out as they please. The city is stating I must remove these chains and locks, due to if they need access to get into this ditch, they can. And I understand this, however, I must also protect my property . I was advised should anyone become hurt in this ditch, I am responsible. All the homes that have this ditch in their backyard have a brick wall built between their property and the ditch. However, when they built my home , they did not continue this brick wall, as the wall stops at my property line. I called the city, and was advised I could build a brick wall at my own cost. (which would be very costly). Since this ditch is a possible health hazzard, is there anyone I could contact to get this cleaned up, and possibly make the city (or someone responsible for this ditch) build a wall between my property and the ditch? any suggestions greatly appreciated...thank you (ps, the city says they are not responsible, so i am not sure who is responsible for this easement).....
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Old 03-22-2002, 12:47 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Contact your politicians. Change the lock to a key lock and give the City a key. That way they can have access when they need it and you have your security.
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