• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Illegal Alley in Texas?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

timothylee

Guest
I am a board member for a Habitat for Humanity chapter near Dallas. In the past two years, we have built five homes adjacent to one another on a street. As construction began on the third home, a neighbor "opened up" an alley that runs through the back yards of three of the home sites. The "alley" is made up of broken bricks and poor quality rocks (violating city code).
The city plot does include a 12-foot alley, but shows it sharing space between our homeowners and the properties that runs adjacent to their back yards. (requiring about 6 feet from all homeowners involved). The existing road is 13 foot wide and starts about 7 feet inside our homeowners’ property lines. The neighbor who built the road insists he did so on our homeowners land because there is a long tree line at the end of the property impeding him from straddling both sides of the adjacent properties.
The road leads to a building on his property we have discovered was constructed without a permit. There is no water or septic running to the property, and he only got electricity as the Habitat homes were being built. Although zoned "residential" the enfenced land is used to store junked cars and construction equipment - no one actually resides on the property.
Oddly enough, the neighbor once owned all the land on the block, but he has since sold or lost all of it in divorce excepting the small tract that is now otherwise landlocked.
The last Habitat home on the street was completed in January, and the homeowner discovered the alley was not city property when he applied for a fence permit (which instructs him to place the fence about 7 1/2 feet from his property line - which would obstruct nearly the entire road). In short, this alley cuts off nearly 20 linear feet (about 300 square feet) from each (already small) yard.
In an effort to relieve the situation, Habitat and the homeowners split the cost of building an alternative road made of better rock along a street abutting his property (with the city's blessing). The road was constructed entirely upon city property.
Although he indicated his pleasure with the new road, he now insists that the other road remain open as well. The city wants to keep the peace, and the Habitat homeowners are frustrated they have invested thousands of dollars to build a road, only to have the neighbor demand the problematic alley remain open for his sole use (despite the fact that none of his property is actually used for either route).
The new road is now complete, except for removing three small trees on or near the neighbors’ property, placing a gate on his fence, and laying the last of the rock. Volunteers from the community say they will gladly complete the final steps, but are concerned about doing anything on his property.
The frustrated homeowners are intent on building their fences as soon as possible.
Here's the kicker - the demanding neighbor is the minister of a small church. So much for that "love thy neighbor" thing.
Any advice?
 


Ciarraine

Member
timothylee said:
Any advice?
Get a boundary survey and build the fences on the lot line. If the neighbour doesn't like it, let him sue and lose.

Thanks for your work for Habitat for Humanity. It does wonderful things.
 
T

timothylee

Guest
Thank you for your kind words and outside perspective. So you suggest just building right on the line without allowing any room for the alley at all?
 

nextwife

Senior Member
If the alley is legally vacated by the city and portioned out to the adjacent lotowners, it does not legally exist any longer. HAS it been?

To get a proper survey for your situation the most current title reports should be provided to the surveyor. My experience with Habitat land purchases is that most are deeded by the municipality for a dollar and are generally tax foreclosed sites or other lands owned by the municipality. The ones I've seen conveyed had new title reports done when the city transferred them to Habitate.

The surveyor can show where the lot lines and any easements and ROWs may lie. Make sure he knows you need these shown, if they exist. The owner is entitled to build up to their lot line in accordance with local fence ordinances (with permit if required) as long as they do not obstruct any recorded easments or ROWs. The surveyor can "locate" any that are of record per the title report onto the site survey.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top