Property Line Dispute

[woode]

What is the name of your state (only U.S. law)? Texas I have lived at the same address for 37 years. I have 3 lots and a fenced in back yard. The fence is directly on my property line. I have had a survey done when the house was built. Each person on each side of the city block is to give up 10 ft for a alley way where there are utility meters. The alley is not used or paved. Since my fence has been there for so many years the people that live directly behind my property think that their property runs directly up to my fence. The do not understand the alley is there. They have a garden in the middle of the alley and have planted a tree next to the corner of my fence. It makes it hard for me to mow around. I am suppose to be responsible for maintaining the alley on my side. What city or county department should be able to help me explain about the alley way as I know they will not listen to me and if I remove the tree it would start a war. I hope I do not need an attorney as I can't afford one.

 

[drewguy]

Try the utility company. Maybe they will send a letter reminding everyone of the easement and that people have to leave it sufficiently clear for them to have access.

 

[154NH773]

The fence is directly on my property line. I have had a survey done when the house was built. Each person on each side of the city block is to give up 10 ft for a alley way where there are utility meters.

the people that live directly behind my property think that their property runs directly up to my fence.

From your description it would seem that your neighbors are correct, and their property runs up to your fence. From your description the center of a 20' wide right of way runs where your fence is, and extends 10' from your fence toward the front of your property, and likewise; 10' in your neighbor's direction.

Each person on each side of the city block is to give up 10 ft for a alley way where there are utility meters

Do you mean you had to "give up" an easement? That is different than giving up your property. When you say that your fence is on the line, do you mean that it is at the edge of the 10' you "gave up" and the 10' is beyond the fence line on your neighbor's side?

 

[drewguy]

Do you mean you had to "give up" an easement? That is different than giving up your property. When you say that your fence is on the line, do you mean that it is at the edge of the 10' you "gave up" and the 10' is beyond the fence line on your neighbor's side?

That's the key question for OP--where is the fence, the actual property line or set back 10 feet for the easement? It makes more sense it's the latter. If so, then tell them that the 10' they're planting in is your property, subject to easement. If not, then there's no real issue.

 

[woode]

Property line dispute

The 10' I gave up for alleyway is on the neighbor's side of the fence.The 10' is not included in my fenced in area. The neighbor does not understand that they have also given up 10'. The have planted a tree beside my fence that is inside my property line. I feel this was done to provoke problems as that is their way of doing things. They are impossible to deal with and even the City Secretary agrees as she has had a run in with them. By the way the city wants no part of my problem. I have contacted the utility company's and not received any help.

 

[154NH773]

It seems from your explanation that you are correct, however, you should make sure you are correct by obtaining a copy of the easement granting the utility easement, and have your property lines confirmed by a survey.
You can probably get a copy of the easement from the utility company, or from your Registry of Deeds. If you can't do it yourself, a Title Company can search and obtain the easement at usually low cost.
The survey may be a little more expensive, but if you have the corners marked it is probably worth it.

 

[drewguy]

The 10' I gave up for alleyway is on the neighbor's side of the fence.The 10' is not included in my fenced in area. The neighbor does not understand that they have also given up 10'. The have planted a tree beside my fence that is inside my property line. I feel this was done to provoke problems as that is their way of doing things. They are impossible to deal with and even the City Secretary agrees as she has had a run in with them. By the way the city wants no part of my problem. I have contacted the utility company's and not received any help.

As NH says, make sure you are correct. Then tell them that the 10 feet is your property, and you will garden it as you see fit. Give them some time to move their plants, and then remove them if you don't want them.

FWIW, there's nothing wrong with using a utility easement as an extension of your property (unless it prohibits that). It's just that you don't want to put anything there that's too expensive to replace in case the utility has to tear things up.