Deconstruct The Ridge Fence
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To: The Property Management Office Home Owners Associations of Apartments: University Ridge, 99 Wyatt Avenue, Daniel Square, and Foy.
In response to the new fence at The University Ridge:
On Tuesday August 22, it was discovered that an iron, 6ft tall fence was being constructed along the property line of University Ridge apartments. The iron fence extends from Daniel Drive all the way down to the furthest edges surrounding the ridge parking lot. The construction has raised alarm of residents of surrounding apartment complexes including but not limited to: Wyatt, Daniel Square, Foy, Campus View for various reasons.
(1) The construction of this fence negatively affects the lives of 99 Wyatt Avenue Apartment residents.
The first reason: the construction of the fence prohibits Wyatt Avenue residents from walking to class via their previous path. The fence line now interrupts where the entrance to the pathway to 99 Wyatt Avenue Apartments begins making it incredibly difficult for Wyatt Ave residents to walk to class in a timely manner as well as being able to walk to friend’s apartments that live in the University Ridge Apartments or Campus View.
The second reason: the construction of the fence prohibits residents of Wyatt Ave Apartments from being able to have the previously easy and appreciated access to the middle of downtown Clemson in order to visit locations such as All In coffee shop, Your Pie, Groucho’s Deli, Chipotle, and other restaurants, shops, and areas in the middle of downtown Clemson. What was once a 5 minute walk to such places will now be very inconveniently rerouted to a 15+ minute walk.
The third reason: the construction of the fence which prohibits residents of of Wyatt Ave Apartments from having easy access to Clemson’s campus, friend’s apartments at surrounding apartment complexes, and downtown Clemson, will definitely and inevitably decrease the property value of the Wyatt Ave apartments effective immediately for the coming years. What once was a very great location for walking to campus, having easy walking access to downtown, and an environment located around friends’ apartments, will now be a place where no one wants to pay to be fenced into what feels like a prison without a proper walking path to and from class.
(2) In addition to the residents of Wyatt Ave apartments, the construction of this fence also negatively impacts the lives of University Ridge residents in the following ways.
The first reason: the construction of the fence prevents University Ridge residents from walking to Wyatt Ave Apartments. Because there is not a gate installed in the bottom corner of the new fence line that is adjacent to the beginning of the path to the Wyatt Ave Apartments, residents of the ridge no longer have the ability to easily walk to friends’ apartments in Wyatt Ave. In addition, residents of the ridge who like to walk through Wyatt Ave Apartments in order to go on jogs throughout the streets adjacent to Wyatt Ave Apartments will no longer have the convenience.
The second reason: The construction of the fence line affects every resident of the University Ridge Apartments and their abilities to walk to and from neighboring apartment complexes as well as the downtown Clemson area. They should have had agreement from all the residents before construction of the fence around the property line.
(3) While communicating with the Homeowners Association, the reason stated for the creation of the fence was that the foot traffic of citizens walking through the University Ridge parking lot creates opportunity for liability in the case of injury. We ask for a full report of all (if any) previous injuries occurring in the University Ridge Parking lot, where the University Ridge properties were held responsible, for said injuries. If there is no evidence of University Ridge Properties being held responsible for previous incidents it is hardly reasonable to construct a fence blocking a walk to class, downtown, friends apartments etc. based off no previous cases.
(4) In addition, the residents of the Wyatt Ave Apartments were never made aware of any (if any) situations regarding this said liability. Residents of the Wyatt Ave Apartments signed leases for the 2017-2018 year based on the following credentials of the Wyatt Ave Apartment complexes which are clearly described on the website of the apartment complex. Such appealing credentials include: “Tillman Hall: 5 minutes (300 yards), Death Valley: 15 minutes, Downtown Clemson: 5 minutes, Library: 12 minutes.” Clearly, with the construction of this new fence line, which as previously stated inhibits easy access to all of these areas, and increases the amount of walking time it now takes to get to each of the areas on and off Clemson University’s campus, the information upon which residents of Wyatt Ave Apartments based their living arrangements and signed leases upon is now incorrect.
(5) Our legal right of Easement:
Easement: A right of way easement dates back to common law principles of the right to the free flow of water, and for allowing neighboring landowners the ability to travel over another's property. A right of way is a type of easement that allows a person to pass through another's land.
Easements By Prescription:
To establish an easement by prescription, a claimant must prove:
1. Continued use for twenty years;
2. The identity of the easement; and
3. Use which is adverse or under claim of right.
Under South Carolina law, if the claimant successfully proves that his use of the land over which he claims the easement was open, notorious, continuous and uninterrupted, his use of the easement will be presumed to have been adverse.
The easement does not take away the ownership of the property; it only requires the owner to allow the particular use of the property by somebody else. According to Google dictionary, the definition of easement is defined as a law which is “a right to cross or otherwise use someone else's land for a specified purpose.” The residents of Wyatt Ave apartments would like to call on our power easement based on the implied use of the walking path leading out of the Wyatt Ave apartment entrance to the back of the University Ridge parking lot for the previous 20+ years of existence. The individuals affected by the construction of this fence are prepared to take legal action into the right of passage use of walking through the University Ridge parking lot.
(6) Proposed solution:
In order to accommodate all of the needs of the parties involved, the following signees demand the deconstruction of the fence immediately. We propose that we hold the right of easement to walk through the University Ridge parking lot in order to get to and from Clemson University’s campus, downtown Clemson, and surrounding apartment complexes as residents have done for the previous 20+ years.
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