We have a 15 - 20 foot wide unimproved alley behind our house (Houston Heights area). I believe its a utility easement owned by the city of Houston as that's where the power lines are. However, no one maintains it, it's overgrown with weeds/brush and is a breeding ground for mosquitoes, rodents, etc. Another neighbor used to keep it somewhat mowed and I have had my yard guys mow it at my expense a time or two....but certainly no one from the city has ever maintained it on a regular basis that I'm aware of. Some houses in the neighborhood use these alleys to access a garage...but no one does this on our block.

I'm wondering what the legal ramifications are of me taking over the space...i.e. fencing it in. I wouldn't have even necessarily considered it...except that I see people have done it all over our greater area. In fact...one house a few doors down has already done it on our same alley (he's had it fenced off for years). He's in the middle of the block though. I'm on the corner/end...so if I did it it would block all access. Again though, I have seen other houses on the end of blocks do it.

Assuming no neighbors complained or cared, what would the city or utility companies/contractors do if they noticed this and/or needed access to the utility lines? It can't be all that rare that utility lines can only be accessed through private property, right?

Any thoughts/experience?

Depending on the easement language, they could take down your fence, and you could be stuck with replacing it at your cost. Usually, if you are allowed to use the encumbered area for retained specifies uses, then the grantee of the easement (in this case, the City) is responsible for replacing or repairing anything they disturb or damage. Anything else you do, you are on the hook for.

I figured they would have a right to tear down a fence, in theory. But as a practical matter, I'm wondering why they haven't actually done that when I see people blocking the alleys all over the place. And would they provide some kind of notice before actually knocking the fence down?

And does the city have an obligation to maintain these alleys? Is there a legal way to own and/or possess it?

Most times, yes, they would provide notice that you are encroaching on their easement and have a certain amount of days to remove the encroachment. Yes, they are typically responsible for maintaining the easement. If you want them to come clean it up, get in touch with their real estate department and have them come out and clean it up.

This all depends on what the easement actually says.

You could file a petition to get the alley abandoned to you. They will have the land appraised and sell it to you.

Or I may just put up a cheap fence/gate blocking it and see what happens.

quote:

---

I'm wondering why they haven't actually done that when I see people blocking the alleys all over the place.

---

maybe because they haven't needed to go down the alley

If anything, put a gate to block it so that you can just open it up if you need to. It sounds like utilities are back there so someone will need access from time to time

Your description is rather vague.

Do you own the land (fee simple) and they have an easement on your land, or do they own the land in fee simple and you call it an easement.

Obviously read the easement document, but it you own the fee then you can generally fence it in and maintain it and they have a right of access for their utilities/drainage/whatever. If they own fee, then if you fence it in, they will knock it down any time they want.

I also noticed you were hinting at adverse possession. Texas has pretty much done away with adverse possession against a governmental entity or utility

If it is a platted alley, that makes things more complicated.

why not get your neighbors together and clean it up

Knoxtom--- I don't own it. But would like to take it over (like others have done).

Heights back of home allies are a well known and complex issue. Not just the Heights Association, but the City of Houston has gotten involved several times in recent years. Don't know what the latest is.

I do know that you cannot get a contractor to touch paving one, because it is not clear what the appropriate process is for pulling permits.

If you want to maintain it for the city of Dallas knock yourself out. I am 99% sure there is no adverse possession against the city of Dallas so you won't get it that way. You can't really pull a permit to fence it since you don't own it, and the city is legally allowed to knock down anything you put on it at your expense

Last thing if you erect a fence in a drainage easement which causes water flow problems during the next flood event you will be liable to all upstream neighbors and to the city

Good luck with your plan