I hope you can give some advice:
11 years ago I bought a house at the end of the road. Nature was on 3 sides. On the south side of my property was a sign reading, "end of city limits." To the east of my property was a hill and an alley/dirt road. My neighbor, knocked on my door and announced he was building a house and was petitioning to vacate the alley, and would I give him right of way so that his tenant would be able to park back there.
At the time, I was trying to be neighborly and agreed. He quickly had me sign in front of a notary a right of way agreement. It reads:
This right of way agreement is made and excuted this _____ day of ___, 19__by and between the undersigned parties, who have the right of ingress and egress over and across the following described property:
Legal Description
ALLEY VACATION
Petition 400-95-61
Between My Street and His Street and south of 600 ____.
Commencing at the northeast corner of Lot 11, Block 21 of Plat J, Salt Lake City Survey, located in the southwest quarter of Section 30, T.1N.,R.1E.,S.L.B.&M.; thence south 5-0 feet to the southeast corner of Lot 11; thence east 20 feet to the southwest corner of Lot 12 of said subdivision; thene north 50 feet to the northwest corner of Lot 12; thence west 20 feet to the point of beginning.
Affected Sidwell Numbers:
9-30-353-001
9-30-353-005
Therefore, the undersigned abutting property owners, being either in fee title or acquiring interest in properties abutting that vacated protion of the above described alley, and their successors and assigns in and to the right of way do hereby agree to each one and to the other parties that said right of way be established for the purpose of ingress and egress for the enjoyment of each of the undersigned.
Signed by myself and The Neighbor infront of a notary.
Back then, I had no reason not to trust him. However, I didn't think to have someone look at the language of that right of way document. I believe at the time The neighbor explained that it was for the driveway he would be building for his tenant.
What he did was push the dirt around until it was 6 feet higher than my property. About the heighth of my fence. He built a rock wall to contain it, and put his concrete pad on top of that. The glitch here is that when I open my back gate, I am staring at a rock wall with no stairs to gain access to the back alley.
Needless to say, that cause a bit of anger and a few bad words with the neighbor when I decided to park on that concrete pad and was told I could not park there by him. I told him I intended to pull down the rocks and put in stairs where my gate was. He threatened a lawsuit if I did. I let it go, until the events of the other day.
My property line zags up the hill. In essence the old alley ran through my property on one corner. We decided to claim that piece of land and build a fence <we did have a survey done> across the end of his concrete pad, and in the dirt. While gone a few days later, The Neighbor shredded our fence. Splintered it to pieces. He didn't bother to knock on the door and tell us he thought we were on his property. He just totally destroyed the fence. It took us one week to build it, not to mention the material. We called the police and reported the destruction of private property.
Also we are building retaining walls in my back yard to try and shore up the hill that is washing down into my back yard. My fence is falling over because of the amount of dirt he pushed around 10 years ago.
So, now he has reported us for building a fence and retaining walls without a permit and moving some of that six feet of dirt that he originally put there to a building inspector. It is complete harrassment. We are in the construction business and know the rules about permits. As a matter of fact we know the inspector on a first name basis. So, that one didn't work as far as the harrassment.
The issue I have has been the same issue for 10 years. I have to climb a rock wall to access the alley. There is no enjoyment for me back there. And I am not being allowed to have full access to my property line.
He is a developer/architect, well know for these antics with the City.
Last, but not least. The part where the Right of Way Agreement states the address is wrong. He is about a block south of the actual address. I am unsure about the part where it talks about Plats and sections if that is also wrong.
The problem is that I don't have $2500 for a retainer fee for a lawyer. But I would definitely like to negotiate a new agreement because I am really tired of his attitude.
Does anyone have any suggestions? I could sure use some help.
Thanks for any input.
Jynja
11 years ago I bought a house at the end of the road. Nature was on 3 sides. On the south side of my property was a sign reading, "end of city limits." To the east of my property was a hill and an alley/dirt road. My neighbor, knocked on my door and announced he was building a house and was petitioning to vacate the alley, and would I give him right of way so that his tenant would be able to park back there.
At the time, I was trying to be neighborly and agreed. He quickly had me sign in front of a notary a right of way agreement. It reads:
This right of way agreement is made and excuted this _____ day of ___, 19__by and between the undersigned parties, who have the right of ingress and egress over and across the following described property:
Legal Description
ALLEY VACATION
Petition 400-95-61
Between My Street and His Street and south of 600 ____.
Commencing at the northeast corner of Lot 11, Block 21 of Plat J, Salt Lake City Survey, located in the southwest quarter of Section 30, T.1N.,R.1E.,S.L.B.&M.; thence south 5-0 feet to the southeast corner of Lot 11; thence east 20 feet to the southwest corner of Lot 12 of said subdivision; thene north 50 feet to the northwest corner of Lot 12; thence west 20 feet to the point of beginning.
Affected Sidwell Numbers:
9-30-353-001
9-30-353-005
Therefore, the undersigned abutting property owners, being either in fee title or acquiring interest in properties abutting that vacated protion of the above described alley, and their successors and assigns in and to the right of way do hereby agree to each one and to the other parties that said right of way be established for the purpose of ingress and egress for the enjoyment of each of the undersigned.
Signed by myself and The Neighbor infront of a notary.
Back then, I had no reason not to trust him. However, I didn't think to have someone look at the language of that right of way document. I believe at the time The neighbor explained that it was for the driveway he would be building for his tenant.
What he did was push the dirt around until it was 6 feet higher than my property. About the heighth of my fence. He built a rock wall to contain it, and put his concrete pad on top of that. The glitch here is that when I open my back gate, I am staring at a rock wall with no stairs to gain access to the back alley.
Needless to say, that cause a bit of anger and a few bad words with the neighbor when I decided to park on that concrete pad and was told I could not park there by him. I told him I intended to pull down the rocks and put in stairs where my gate was. He threatened a lawsuit if I did. I let it go, until the events of the other day.
My property line zags up the hill. In essence the old alley ran through my property on one corner. We decided to claim that piece of land and build a fence <we did have a survey done> across the end of his concrete pad, and in the dirt. While gone a few days later, The Neighbor shredded our fence. Splintered it to pieces. He didn't bother to knock on the door and tell us he thought we were on his property. He just totally destroyed the fence. It took us one week to build it, not to mention the material. We called the police and reported the destruction of private property.
Also we are building retaining walls in my back yard to try and shore up the hill that is washing down into my back yard. My fence is falling over because of the amount of dirt he pushed around 10 years ago.
So, now he has reported us for building a fence and retaining walls without a permit and moving some of that six feet of dirt that he originally put there to a building inspector. It is complete harrassment. We are in the construction business and know the rules about permits. As a matter of fact we know the inspector on a first name basis. So, that one didn't work as far as the harrassment.
The issue I have has been the same issue for 10 years. I have to climb a rock wall to access the alley. There is no enjoyment for me back there. And I am not being allowed to have full access to my property line.
He is a developer/architect, well know for these antics with the City.
Last, but not least. The part where the Right of Way Agreement states the address is wrong. He is about a block south of the actual address. I am unsure about the part where it talks about Plats and sections if that is also wrong.
The problem is that I don't have $2500 for a retainer fee for a lawyer. But I would definitely like to negotiate a new agreement because I am really tired of his attitude.
Does anyone have any suggestions? I could sure use some help.
Thanks for any input.
Jynja
