I’m not an expert, nor do I play one on TV. But, the city can use immenent domain to open the alleyway, and yes your parents, and any other members property allows for a setback, or variance from the street. (10 feet or greater from current roadway.) It is usually determined by a set number of feet from the middle of a public street. Every property that I have ever seen has those.
Life’s too short to squabble over 16 ft. Now your father can plant a nice hedge like redtips that will block his view of his new neighbor.
Posted by Linda Jeter on January 01, 2005 at 14:48:18:
My parents have owned a piece of property since 1979. In 1982 they put up a fence and a workshop. Their neighbors never disputed property lines between their home and my parents fence/workshop. The neighbors property was sold in 1995 or 1996, we don’t remember the exact year. The new owner never disputed property lines. Now he has been writing threatening letters to my parents that they are on his property and demands they pay him $2500 or he will tear down the fence and building. He in fact has begun doing so and we have to call the police to get him stopped. Now the city has entered into the argument stating the’ve decided to place an alleyway between my parents and their neighbors to the southeast of them and they have to give up 16 feet. The other dispute is for property on the west side. Does the 10 year statue of adverse possession protect my parents right to now have to move their fence and building? The alleyway is not going to be used by the CIty, they just want this because of another person demanding they open it up so he can ride his lawmower through the property.