Alleyway Easement to us being used by neighbor

[jct203]

What is the name of your state (only U.S. law)? Iowa
Our neighbors and us were given permission by the city to use the alley way between our houses since it is at a dead end. The neighbor has taken it over because the former owner of our home did not care. We moved in and now we want our half of the alley. the city told us to fight it out amongst ourselves. A surveyor was hired by the former owners when they wanted to sell the property so the actual boundaries could be established. They drove a stake in the ground to show the exact middle of the alley so we can both use half. The neighbor refuses to move his clothes line and vehicles off of our side. Since the clothes line is concreted in the ground would we have legal rights to take it down? Or would it be destruction of private property if we did?

 

[FarmerJ]

If you do not have a copy of this last survey then get your own new survey and take it to a real estate atty and have the atty draw up a letter addressing this on your behalf.

 

[154NH773]

Our neighbors and us were given permission by the city to use the alley way between our houses

Who actually owns the property? If it is the city, they have the right to grant priviliges to anyone they want temporarily, or perhaps permanently, but if it is a town owned street, anyone can probably use it.

Unless you have an actual grant of easement, that spells out what privilages have been granted, it would be difficult for you to demand anything of the neighbor. You would be liable if you destroyed his property.

We need more information before advising you.

 

[jct203]

Who actually owns the property? If it is the city, they have the right to grant priviliges to anyone they want temporarily, or perhaps permanently, but if it is a town owned street, anyone can probably use it.

Unless you have an actual grant of easement, that spells out what privilages have been granted, it would be difficult for you to demand anything of the neighbor. You would be liable if you destroyed his property.

We need more information before advising you.

The town owns the property. We spoke to the mayor of the city/town and he said that we will have to battle it out between us as to who uses what part of the alley. the old guy next door has used it for many, many years because the guy who used to live in this house didnt care. We moved in last summer and want to use part of the alley to access our back yard since there is no other way to get back there other than walking or using a push mower. It is a half acre so we need to get back there with a truck to do some landscaping. The neighbor thinks that since he was able to use it and mow it for so many years that we should not use it. We just need access to the back. He has parked a fifth wheel camper on our side of the alley so we have to drive on his side to access the back yard. He put the clothes line poles right in the middle so we have to weave around them to get to our side as well. No privileges have been granted to either property owner by the city either way. All the city said is we can not build on the alley. The neighbors and the old owners of our property paid for a surveyor (I was misinformed prior to this thinking the city paid for it) to come and mark off the actual property lines to the alley and they go right up to the edges of the neighbors house and our garage. They marked off the middle and said if there is any disputing then the stake is the dividing line to just go by that. The neighbor refuses to go by that. He doesn't agree with it in any way. He keeps calling it his yard and his property when it is not. They even called the cops on us for driving through there cause they still think it is "their" yard. Cops said they cant do a thing. I guess all I need to know for sure is if we take down the clothes line, would we be in trouble?

 

[Ohiogal]

Where is the easement recorded?

 

[FarmerJ]

If your city put in a marker in the middle of the alley as you said then it sounds as if they had vacated this alleyway and let the additional bit of land go to each lot. Id suggest you learn if this is the case that they have formally vacated this land in question , I say this because as you posted > No privileges have been granted to either property owner by the city either way. All the city said is we can not build on the alley< so if they did not formally vacate then there is no reason they cannot defend ownership of the land and force this other neighbor to remove any thing that blocks it so perhaps you should start with your city council persons office ?? ( there may be a aide there that would know just where to look) If the city formally vacated and re added land to each parcel then seeing a atty to end this use of land you pay taxes on is the best bet.

 

[154NH773]

The town owns the property. We spoke to the mayor of the city/town and he said that we will have to battle it out between us as to who uses what part of the alley.

The town owns the property, and there is no recorded easement (as far as you've told us).

I would advise you to have a lawyer write to the town and complain that your neighbor is blocking your access from a public way.

FarmerJ; it doesn't sound like the town has vacated the street, and the center marker wasn't placed by the town. If the town was to vacate the street, it is usual for them to grant ownership to each abutting parcel to the centerline, but I don't think that has actually happened.

the city told us to fight it out amongst ourselves.

That is absolutely wrong! The town owns the property and has verbally informed each party that they can do whatever they want except build on the town property, but the town should be responsible for settling any dispute over the use. IT IS TOWN PROPERTY.

 

[BuffettFan]

Have you thought about making an unsolicited offer to purchase the property from the city?