Mowers through her living room? – WSVN 7News | Miami News, Weather, Sports
(WSVN) – In a South Florida woman’s neighborhood, there is an easement so lawn people can get to people’s backyards. Then, a neighbor put up a gate and locked it. Guess what her lawn service had to do to get to her backyard? It’s why one woman turned to Help Me Howard with Patrick Fraser.
In our hectic, crazy lives, Alina has a quiet, peaceful getaway.
Alina Casal: “Yeah, it’s a nice place, you know. Relax, the lake, there’s a lot of ducks.”
Sit on her porch, with her dog, Jack, watching the wildlife and water.
Alina Casal: “That makes me very happy.”
But of course, it’s the real world, and headaches always find us.
Alina Casal: “The owner now, he does not let me go to the easement.”
Alina lives in a townhouse connected to others, and separated by a strip of land.
Alina Casal: “And, it is a common easement, and he put a gate, and they have a lock.”
The property survey shows the strip of land owned by her neighbor is a common easement.
Alina was always able to walk through it to get to the water’s edge and walk to her yard until a new neighbor put up the fence and locked the gate.
Alina asked for a key.
Alina Casal: “He said ‘No.’”
The big problem? Alina needs to do some landscaping in the backyard, and her trees are overgrown.
Alina Casal: “I wanted to trim the tree some because hurricane season is on, so, they’re getting big.”
Since the yard guys couldn’t go through the easement to get to her backyard, Alina let them come through her house, once.
Alina Casal: “Look how my floor has cracked from all those, you know, from those guys coming in with those machines.”
When Alina again tried to reason with her neighbor to get access through the easement for the yard guys, it got ugly.
Alina Casal: “It was crazy. Then the guy started telling me off, cops and everything, all because of the fence.”
Once so quiet, so peaceful, and now such a problem after a neighbor decided to lock the gate.
Alina Casal: “Selfish. Very selfish.”
That’s a fact to Alina. What are the facts according to the law, Howard?
Howard: “While Alina’s neighbor owns the strip of land, Alina has an easement—in other words, legally, she has the right to go in and out, the neighbor can put up a fence and a gate, but if its locked, Alina has to be given a key.”
I left a card for Alina’s neighbor, but he didn’t respond.
I contacted Miami-Dade County. They told me the the fence in question was properly permitted but the county does not enforce matters of access; this would be a civil matter between the neighbors. However, the owner should allow access when requested by the other unit owners.
Howard: “If the neighbor refuses to give her access, Alina can go to court and a judge will order them to. Hopefully the neighbor will do the right thing.”
And they did, three times I checked. Each time, the gate was unlocked.
Alina Casal: “I am so happy! I just love you, I love it, I love it!”
Alina’s yard guy can now get to work without going through her living room and Alina can relax again.
Alina Casal: “I love help me Howard. Can I give you a hug? Thank you for helping me.”
You’re too sweet, Alina.
Why can’t neighbors be nice to each other? Or if not nice, don’t be aggravating. You are going to be living side by side for years, so find a way to get along.
A problem got you fenced in? Cannot access any help? We have the key, to help you unlock a solution. Let us.
With this Help Me Howard, I’m Patrick Fraser, 7News.
CONTACT HELP ME HOWARD:
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Reporter: Patrick Fraser at [email protected]
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