Alley Easement Access

[longhorn]

Has anyone ever had to request access to their alley easement? The survey for my house in the Heights clearly shows that my property has an alley easement behind it. My property shares its rear fence with the property behind it. However, there is no alley behind my rear fence because the home behind mine uses the alley property as if the alley were part of its back yard. In fact, this is the situation with all of the houses on my block. I'm not really interested in pursuing this alley access, but I am curious about the procedure and whether others are in similar situations.

[Mr. Chenevert]

I cant really help you on this one... but I think its fairly common in the heights...

My wife and I were looking at a house on Rutland, and the developer was going to put the driveway on top of an unused alley easement... sounded like a great idea until I looked around at the houses next door and behind the property...

I could just see them all wanting to take advantage of this "newly improved" alley as their new entrance to their house... and I would have little to no legal recourse to stop them...

although it wouldnt have been the end of the world, it ended up being the deal breaker for that house.

[CoreyHeights]

I'm in a similar situation and would be curious to hear any insight on this. I wonder if the alley was ever used as such, as the 80+ year old garage is oriented to the street in front, not the easement in back.

[OutfieldDan]

The Heights has a big problem with alley squatters who steal public access. What's worse, the city council does absolutlely nothing about it. They appear to be in compliance with the squatters by enforcing strict alley improvement regulations to anyone who seeks to fix up and use the alley for it's intended purpose - access to their property. While enforcing strict road standards for alley improvement, the city does nothing to prevent a selfish neighbor from building on the alley. It would be a good use of city funds to clean up the alleys and dismantle illegal construction on them. Most of the illegal improvements are ugly, and trashy.

I want to vote for a city council candidate that runs on a platform of enforcing our access rights. Who is on our side in this next election?

[RedScare]

The Heights has a big problem with alley squatters who steal public access. What's worse, the city council does absolutlely nothing about it. They appear to be in compliance with the squatters by enforcing strict alley improvement regulations to anyone who seeks to fix up and use the alley for it's intended purpose - access to their property. While enforcing strict road standards for alley improvement, the city does nothing to prevent a selfish neighbor from building on the alley. It would be a good use of city funds to clean up the alleys and dismantle illegal construction on them. Most of the illegal improvements are ugly, and trashy.

I want to vote for a city council candidate that runs on a platform of enforcing our access rights. Who is on our side in this next election?

You are disgusted by the illegal trashy and ugly improvements AND the strict enforcement of alley improvements?

Pardon me for being confused on just WHICH side you are on.

BTW, the City will order homeowners to clear out the alley if a request is made to do so. Contact the City or your councilperson to see which department does the enforcement.

[OutfieldDan]

BTW, the City will order homeowners to clear out the alley if a request is made to do so. Contact the City or your councilperson to see which department does the enforcement.

The city does no such thing. They sit back and do nothing, disregarding complaints. Apparently the city policy is to let squatters get away with it. The only recourse is to pay to tear down the offending squatters stuff and then bear the brunt of potential retaliation.

The courts agree to alley public access, and have handed down judgements that are in favor of citizens who have cleared alleys, but that makes the burden fall on the victim.

[RedScare]

Guess I was misinformed.

Oh well, guess I'll go out back and mow my illegally acquired 15 feet of grass.

[Heights2Bastrop]

I knew a guy who was in a similar situation a few years ago. He found out he had a right to the access, and the right to clear any obstruction (fence, etc.) in the process. However, he had to bear all the costs of the improvement as he could not force others to share it. However, after it was completed, the other owners had the right to use the improved alleyway.

A glitch of sorts arose when the guy had rock laid down for the roadbed, which in turn caused areas of standing water along the way. That led to a very sticky situation. However, it was at that point where I lost contact with the guy, so I don

[OutfieldDan]

We could use the city's help. The city should require squatters to remove their stuff, not make someone else do it for them. The city could also relax their standards that are required for cleaning up the alley and improving it so that it once again allows public access. Why not fine $100/day for any junk on the alley easement?

In most alleys that have become overgrown and built on, there is probably lots of standing water (who knows?). What happens is that someone proposes to improve the alley at their own expense and then the angry squatters complain to the city about minor drainage issues, etc.; whatever they can find to stop the alley improvement.

The city then requires professional engineering plans, a survey, drainage studies, and sewer connects of the alley improver and essentially makes it too expensive for the improvements to occur.

The city has become a big part of the problem. First by ignoring illegal construction, and second by insisting on unreasonable standards to anyone who wishes to clean up the alley and drive on it. Meanwhile the alleys continue to decay, and become habitats for rats and trash.

[RedScare]

Some of us use a novel approach to the alleys. We actually talk to our neighbors. My neighbors have discussed opening the alley several times in the last few years. We agreed as a group NOT to open the alley specifically to limit access by the public. Open alleys are open to burglars as well as residents, and we decided not to open it. Even if the City did provide for all of the punitive actions that you advocate, they would not be required on my alley, because we actually talk to each other. The squatters on my street, of which I am one, are not the least bit angry, because we actually discuss the issue without the threat of sanctions by the City.

I still do not understand how you can complain of shoddy construction AND minimum construction standards for the alley. Heights2Bastrop just described a situation where not adhering to City standards caused a standing water problem. The City standards are meant to prevent those problems, yet you complain about them. At the same time, you complain about those who do not adhere to standards. It seems to me that talking this over with your neighbors would be the least stressful approach to solving the problem, but you seem to favor the heavy handed government approach over the good neighbor approach. As such, I cannot say that I am surprised that the alley remains impassable.

[OutfieldDan]

Some of us use a novel approach to the alleys. We actually talk to our neighbors. My neighbors have discussed opening the alley several times in the last few years. We agreed as a group NOT to open the alley specifically to limit access by the public. Open alleys are open to burglars as well as residents, and we decided not to open it. Even if the City did provide for all of the punitive actions that you advocate, they would not be required on my alley, because we actually talk to each other. The squatters on my street, of which I am one, are not the least bit angry, because we actually discuss the issue without the threat of sanctions by the City.

I still do not understand how you can complain of shoddy construction AND minimum construction standards for the alley. Heights2Bastrop just described a situation where not adhering to City standards caused a standing water problem. The City standards are meant to prevent those problems, yet you complain about them. At the same time, you complain about those who do not adhere to standards. It seems to me that talking this over with your neighbors would be the least stressful approach to solving the problem, but you seem to favor the heavy handed government approach over the good neighbor approach. As such, I cannot say that I am surprised that the alley remains impassable.

It sounds like you are strong arming your neighbors that may not want to offend you by making you demolish your junk. What would you say to a new neighbor who disagreed - gang up on him? Regarding drainage, constructing on the alley and storing trash on the alley affects drainage, don't you think?

Not opening the alley allows it to be infested by rats, etc. A blocked alley to the public can still provide access for kids to sneak in and not worry about being seen. That's been the source of problems in my area where middle school kids use some of the alleys to have sex and deal drugs.

Finally, a cleared alley provides for utility maintainence, and in the case behind my home, Hurricane Ike repairs were made to downed wires by trucks that were able to drive on the alley. As far as city standards for improvement are concerned, the city should be reasonable and help those of us who want to clean up the alleys and put gravel down by relaxing the strict standards they now impose. I'm not saying that there should be no inspection, but requiring a homeowner to put in sewer connects, do engineering studies, etc. is going too far. As it is, the city impedes anyone who seeks to improve the alley. Actually, the city sould welcome someone cleaning up the alley, and provide for the engineering and survey themselves. Then the city should work with the homeowner with the purpose of improving the alley for the least cost.

I don't prefer a heavy handed government involvement. However, the problem exists, and someone has to do something about it. We need restrictions that are enforced, because of you and your neighbors who decide to squat on the alley, and bully others who disagree.

[RedScare]

It sounds like you are strong arming your neighbors that may not want to offend you by making you demolish your junk. What would you say to a new neighbor who disagreed - gang up on him? Regarding drainage, constructing on the alley and storing trash on the alley affects drainage, don't you think?

Not opening the alley allows it to be infested by rats, etc. A blocked alley to the public can still provide access for kids to sneak in and not worry about being seen. That's been the source of problems in my area where middle school kids use some of the alleys to have sex and deal drugs.

Finally, a cleared alley provides for utility maintainence, and in the case behind my home, Hurricane Ike repairs were made to downed wires by trucks that were able to drive on the alley. As far as city standards for improvement are concerned, the city should be reasonable and help those of us who want to clean up the alleys and put gravel down by relaxing the strict standards they now impose. I'm not saying that there should be no inspection, but requiring a homeowner to put in sewer connects, do engineering studies, etc. is going too far. As it is, the city impedes anyone who seeks to improve the alley. Actually, the city sould welcome someone cleaning up the alley, and provide for the engineering and survey themselves. Then the city should work with the homeowner with the purpose of improving the alley for the least cost.

I don't prefer a heavy handed government involvement. However, the problem exists, and someone has to do something about it. We need restrictions that are enforced, because of you and your neighbors who decide to squat on the alley, and bully others who disagree.

Ha! You're hilarious! Your posts demand that the City bully your neighbors into opening the alley, yet you conclude that my talking with my neighbors is bullying. Not that it matters, but I was the one who started the conversation to OPEN the alley. It was the neighbors who were concerned about alley access making it easy for burglars. After discussing the matter, we all agreed not to open it yet, but instead to look into it. So, in spite of the fact that I do have use of the alley, I was also in favor of opening it...at least initially. Since all of us have driveways to the street, there is no real benefit to opening the alley, so we haven't.

Not sure why you think 15 feet of St. Augustine grass in my alley breeds rats, or constitutes "junk" in need of demolishing, but knock yourself out thinking that. I will admit that my dogs regularly drop turds back there, but I pick them up once a week. As for squatting, no one on my street has built anything in the alley. They simply fenced it off. In fact, I did nothing. Since everyone else fenced off the alley, my yard ended up with the extra 15 feet. It was there when I bought the house. I simply mow the grass and care for it, just as I do the 20 foot drainage easement at the FRONT of my lot.

The City's reasoning for not paying to upgrade your alley is rather simple. There is little to no benefit to the rest of the citizens to pave an alley used only by the few people backing up to it. Not only that, but the City has an interest in NOT having 3 ton SUVs driving on top of their 100 year old sewer lines. Even if the City did not mind you haphazardly paving the alley, if it is not done correctly, the lines could be crushed, incurring more cost to repair the lines and repave the alley. From the sound of your posts, I doubt that you would be willing to pay for those repairs.

I'm not against opening alleys. As I posted earlier, I was in favor of opening mine. I am merely pointing out the gaping holes in your argument against the City. If you plan to take this fight to the City, you need to do some serious work on your argument, and the logic behind it. If you merely want to rant on a message board, then my responses are merely meant to allow you to vent more freely.

[west20th]

Here's how our alley was done. The alley was platted but never functioned as an alley until Perry built 12 houses on 25' lots that required rear alley access. I'm sure it was engineered to city standards, concrete and drainage. I don't think Perry needed to get anyones permission, other than COH's design approval, since it always was a public ROW. Actually I'm sure Perry did not get anyones approval since the car lot on the corner used the alley ROW as part of his lot and pitched a fit when it was first built. Everyone else seemed pleased to have the alley finally opened up. So I guess you do not need to get anyones aprroval but COH unless you want to share the cost with your neighbors.

[Heights2Bastrop]

Red, going back to Longhorn

[chester77008]

Has anyone ever had to request access to their alley easement? The survey for my house in the Heights clearly shows that my property has an alley easement behind it. My property shares its rear fence with the property behind it. However, there is no alley behind my rear fence because the home behind mine uses the alley property as if the alley were part of its back yard. In fact, this is the situation with all of the houses on my block. I'm not really interested in pursuing this alley access, but I am curious about the procedure and whether others are in similar situations.

Anyone can recapture an alley for access to their property. Call Bob Hempler at the City of Houston Public Works and Engineering Department, he handles the miles of red tape and corresponding hoops to jump through. Drainage is the big issue, by code the alley must drain to the ends of the alley, not the neighbors property, so drains may be required (24"!). You can not raise the level of the alley either, if a neighbors back yard currently drains into the alley that condition must exist after you add road base.

It is much easier to just talk to your neighbors and work something out without getting the city involved.

[OutfieldDan]

As I understand it, the original plan was to have all drainage go from the back to the front of each lot. This includes the alley adjacent to each lot, which should also drain to the front, and eventually to the front street. The "code" is apparently new and not in the original drainage design of the Heights. Many homeowners through the years have added fill that impedes drainage from the back to the front. The drainage is therefore disturbed and some alleys flood during rain.

The correct solution is to restore elevations of the alleys so that runoff once again goes to the front. The wrong solution is to make the alleys into drains that need a fully engineered solution. As it is, without improvement that costs lots of $$, the alleys will continue to decline, hold water and be a mess.

[keisenbeiss]

Public alley in Montrose is worse than Heights. Does somebody know any group who deals with the alley issues? I contacted city many times, however, they cannot say anything.

I own a property on W Alabama, Houston, 77006

Last summer our sewer main was backed up. We found out that the concrete post of a 8 foot fence built by one of neighbors was penetrating in the sewer main. 

First, city could not enter the location because the entrance of the alley was blocked by a fence owned by some neighbors.

Second, the owner of the 8 food fence claims that nobody can touch his fence without his permission,even though the fence is in the public alley. 

It took almost 10 days for the city to fix the sewer main. We had to move out during the time. The financial loss is over $ 4000.  

 

In the alley, there are sawyer main, water main and gas main. I reported recently regarding the smell of gas in the neighborhood. It is very dangerous that some people put a high fence on those main pipes in the city property. 

I contacted the city and CNL district C. They acknowledge the alley issues very well, however, they don't do anything. 

 

I took the neighbor to Dispute Resolution Center. My neighbor says that he is allowed to put a fence by COH and he is not responsible for my financial damage. I don't understand why some people want to have a little extra yard even though it can cause a big problem to all of us. Also, I don't get why city doesn't do anything about it. 

 

K.E

 

 

 

 

[Marksmu]

Sue him.  You will win.  He damaged public property by placing private property onto the public property.  Get survey, show his boundary, show his tresspassing damaged the public property, that his damage was the cause of your problems, and wahla, you have proved your case.

 

Its not cheap, but it will be victorious. 

[keisenbeiss]

I asked city regarding the alley situation. It looks like that city seems to be very nice to people who encroach. Please find the enclosed email from COj.

 

Ms. E

 

Your email of March 13, 2014 to the Mayor’s office was forwarded to my office for response.  In regards to fences being constructed in the City of Houston, as long as the fence is under 8’ tall and not constructed of metal or masonry then they are not permitted through the City permitting offices.  For objects that are constructed inside the City’s Right-of-way (ROW), our office has inspectors that will investigate these items when they are reported through 311 or other means to the City.  I have asked an inspector to go out to the site and review the situation.  If there is a violation of the ROW and it is recent construction then the inspectors would red tag the offender. 

 

However, for the expenses you incurred because of some one else’s actions in the alley; the City would consider this a private matter and is not responsible for the damage. 

 

If you have any further questions on this matter please feel free to contact me.

Sincerely

, P.E., PTOE

[Ross]

The City employee is correct that any expenses you incur because of someone else's encroachment on the alley is a private matter between you and the miscreant. The inspection and red tagging is the first step in City action. I'm not sure what action you expected the City to take at this point, they aren't going to take your word on the encroachment, and will investigate before doing anything.

[keisenbeiss]

I understand what Ross says. The thing is that the neighbor didn't damage my property directly but public property. City should not allow the citizens to do any actions which cause the damage on public works in city territory. The alley is platted as public. It cost the city or us a lot to repair the sewer on my case. First, they could not enter the spot because there is no access to get the alley. The workers found a most poorly maintained house and they destroyed their garden, parking  and fence to enter the alley with a machinery. Is the city liable for the damage created on the property? I am not sure what happened there.  It took 10 days to take care of the simple problem.  Everybody's little "greedy" behavior which many people do in Houston causes us to pay more money to fix the public properties. What I say to city is that this can be prevented.

 

[Ross]

If the alley is platted as public, and there's no evidence the City ever transferred ownership to the folks blocking the alley, then there shouldn't be any problem driving your brush bar equipped Ford F350 along the alley, and through any obstructions that might be there. However, I am not a lawyer, nor do I play one on TV, so I ma probably completely wrong on this.

 

In all seriousness, the City pretty much could not care less about the alleys. If you want the alley cleared, you have to pursue legal action yourself, with all the potential effects that come from taking your neighbor to court.

[little frau]

This is very interesting.  I would hope that IF the alley is public, then anybody should be able to access it.  I do not understand how any one citizen would be able to block the alley, preventing others from passing through it.

 

I realize that this is not the initial issue presented here but the fact that the alley was blocked contributed to the OP's problem.

 

If the person blocking the alley is not paying taxes on it, seems to me it's not his to block.

 

 

[keisenbeiss]

The alley was platted as public ( 1913) and the property tax on our block is based on without the alley sf according to HCAD. City's response seems to be careless if it was public alley or not. City does not prohibit the people to put fences there. Many of neighbors have structures/house and fences in the alley where water main, gas main and sewer main run. Also, the google map shows that there is an alley between. It is Montrose Annex.

 

 

 

 

montorse annex-3.pdf

[keisenbeiss]

I made a mistake in the previous mail. The google map does not show the alley. HCAD map shows the alley.

I am sorry.

 

K.E

[Ross]

Time to complain loudly and frequently to your council member and the at larges. Ask them why the City doesn't care, snd that you expect their support.

[Marksmu]

If it were me, I would have just driven through the offending fence to fix the problem.  You can rent a skid steer or mini-excavator for about $300/day.  They make quick work of little problems like a fence.  After I took care of the problem, I would have sent the bill to the neighbor. 

 

Sometimes it is much easier to just do something....than it is to ask someone to do something.  I understand a contractor not being willing to do it, but if you do it, their only recourse against you is to sue you.  Once you show them that they were in the wrong, their lawsuit is going to look really stupid.

 

Just saying...sometimes its easier to just be right and do what needs to be done, than to try to follow all the "rules" when other people are not following them.