Property Rights?

Asked by Courtney, Oakland, CA Fri Jun 8, 2007

There is a small strip of land (approx 20ft wide) between our backyard and the backyard of our neighbor that is used for rain runoff (city easement). The owner of this now wants to erect a fence on both sides of their strip of land. The problem is that the fence would be a big eyesore as there is very nice vegetation between the houses that act as a natural fence. Is there anything we can do?

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fidarealty, Agent, Santa Clara, CA
Fri Jul 6, 2007
um... I would get a copy of the zone map and find out the measurements of yours and your neighbor's lot. Then I would measure it out and make sure that where he wants to put the fence is not on your lot. If it is not, then I think there is nothing much you can do as city easement usually only means the access to the land by a third party (ingress, egress, driveway, city access, utilities, etc.) but not the limitation of the use of land itself. But I might be wrong. Get a land map from zoning, and while you are there, talk with the agents there.
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Florida Mort…, , Pembroke Pines, FL
Fri Jun 8, 2007
It is my understanding, and I may be wrong, that there cannot be any ïmprovements, fences included, within the easement.

Check with your city government to be certain.
2 votes
Kaye Thomas, Agent, Manhattan Beach, CA
Sat Jun 9, 2007
Check with the city.. but to my knowledge if it is a city easement for drainage they can't put a fence there as it would likely hamper the drainage.
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