The difference between an "easement" and an "alley" An alley is a public thoroughfare and an easement is private property used primarily for utility access by utility companies. The public does NOT have a right to use easements for any reason and when they do, they are trespassing. You and your neighbors have every right to block your easement with fencing and/or a gate. You should also put up "No Trespassing" signs. Better yet a sign that says "No Trespassing. Residents and Utility Personnel Only. Violators will be prosecuted." If you do or don't have fencing/gate up and there's someone suspicious in the easement, call 911 and report it as trespassing on private property. Just what is the trespass law? "13-1502. Criminal trespass in the third degree; classification A. A person commits criminal trespass in the third degree by: 1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry. 2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company. B. Criminal trespass in the third degree is a class 3 misdemeanor." |
Why go through the expense of putting up a gate/fence? Simply put, this is going to protect bad guys and homeless people from using that easement for variety of things including using it as a bathroom, drug use, sexual activity and more. Do you really want that stuff going on just over the other side of YOUR wall? AND on YOUR property?? I think not. It's going to be YOUR responsibility to clean up after that! Here's the real kicker though, here's the perfect way to find entry into your home from the back of the house, rob it and a great way to escape with your stuff. Would TPD actually arrest someone and it be prosecuted? Can't answer that until the situation actually arises but the likelihood is pretty darn small if there isn't a sign and it's gated. |
So you've decided to put up a gate/fence. You should be splitting the cost with other neighbors who share the easement (remember this needs to be done on both ends too!). That's going to take the cost down dramatically. Maybe you and your neighbors could tackle putting this up yourselves even and really cut back on cost. This doesn't have to be elaborate or be able to withstand an army. Just something to tell people to stay out with a lock on it. How do you lock it? The simple way for you and your neighbors is a word combo lock so you all have the combo but you MUST use it in combination with a chain! (See photo below) I believe you're supposed to notify the utility companies but this is where things really get ingenious on their part . . . They do NOT need to know your combination or have a key -- they supply their own! So the first time a utility company need to access that easement, they will cut one of the links of the chain. They will then replace that link plus add their own lock. ALL of the utility company's locks are keyed identically. Each utility company will follow suit with their own locks so there can very possibly be multiple locks on one gate. Apparently, all the Tucson utility companies in Tucson now carry spare locks, links and tools to do this procedure. Is that not ingenious or what??!! |