Fence Update: For those new to the story, the background is here. About three weeks ago we heard through the grapevine that the city council had voted to pursue stealing my driveway through legal means. Until today I hadn’t heard anything else about it, but our secret mole came by this morning and said that the city was now planning on offering to buy it. Then, this afternoon the city’s attorney called me. The city’s attorney, I’ll call him “Art” (’cause that’s his name), informed me that the council had voted and charged him with appropriating my driveway by any means necessary. Art said he was just calling to give me another chance to resolve this matter without litigation. I inquired as to his proposition and Art just said I should dedicate it to the city and figure out how to work it out with the county myself. Maybe if I show them the dedication they’ll take it off my taxes.
I didn’t immediately jump at this amazing offer, but told him I would consider it. I didn’t say much else because I know this about myself: I can keep my temper pretty well if I keep my mouth shut. Art then informed me that if he doesn’t hear from me by Friday afternoon he’ll “file a petition” to have my driveway opened to the public. Okay, in all fairness he called it “the road”, but I knew what he was talking about. Art said that he had someone “ready to serve me” (sounds ominous, huh?), and it was just a matter of filing the petition. Art then changed the ultimatum to Friday noon. High noon.
Let me pause here to lay out my situation as succinctly as I can. My house is bordered on the West by the church parking lot and on the East by my driveway (this is “the road” in question). To the North is Loop 332 and to the south is a smaller road called Church Hill Lane. My driveway is one of four passages from 332 to Church Hill Lane. Church Hill Lane is about 200 yards long. Except that my driveway is no longer a passage to Church Hill Lane, because I put a fence at each end.
“Why”, you may ask, “did I put a fence at each end?” Well, for a few reasons. One is that almost no one ever used this when it was open so I figured the impact would be negligible (It’s not like I’m causing a giant grid-lock situation in downtown Liberty Hill). Second, my insurance man says that I’m covered if someone runs over a kid or gets hit by a meteor or whatever on this attractive nuisance I have out there. But, of course, only up to a certain point where some litigant will get my house, cars and children. The other thing is that I plan to build a garage in that area and I’d like for people to get used to the idea of not driving 100 miles per hour there before I have a concrete crew pouring a slab.
So, this is the thing I really want to say: Am I missing something here? I’ve read what I believe to be the right cases and I don’t see how they have a complaint. Art said that he felt that the city had an “easement by prescription”, but the only cases I’ve seen that make that argument are when some guy can’t get to his house because the Barron that owns all the land around the guy gets mad and denies him access. I only inquired at the county before I closed my driveway because I thought the county might have paved it and may have had some claim to its use somehow. I can only assume that the previous owner paid to have this driveway paved because I know our fine County Commissioner wouldn’t pave a driveway for someone as a favor even if that person owned a newspaper. But I do know that there is no one at the county that will admit to paving it, or even that it exists.
Now, here’s my other question: If the city thinks that my driveway is a public road because people have been driving on it for some number of years then I would submit that my driveway is only a road on Sunday morning and Wednesday night. Counting in my estimate only those people traveling between Loop 332 and Church Hill Lane and passing directly next to my house I would say that, before I closed my driveway, the church parking lot was chosen by drivers maybe 100 times more often than my driveway. Does this mean that the city is going to start towing cars for blocking the roadway during services?
This little slice of my yard isn’t worth much, but I’m afraid I’m letting it bother me that the local yellow rag runs me through the mud every week (never taken the time to ask me a question by the way, just slinging the mud (and no, I’m not talking about the Independent, those are fine Americans)) or that my neighbor goes to city council meetings and beseeches them to sue me because he thinks my driveway being closed is hurting his property value (I’d recommend an Introductio
n to Liberty, but I figure a guy who lives in America should already know how odious that is). I’m sure it would be easier and cheaper to give them my driveway, (and I’m pretty sure I’m about the only person inconvenienced by not being able to drive on it) but I guess it would’ve been easier for Rosa Parks to just get another seat. (Yes, I’m comparing myself to Rosa Parks, and no I don’t care for your opinion on it right now)
I’m always open to free legal advice or a clue as to what I’m missing or soothing talk of capitulation. No Rosa Parks discussions, you know what I meant.