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San Francisco board discusses fence permit amidst easement confusion

April 26, 2023 | San Francisco City, San Francisco County, California


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San Francisco board discusses fence permit amidst easement confusion
In a recent San Francisco government meeting, discussions centered around the complexities of granting a permit for a fence based on claims of an easement. The dialogue highlighted the confusion surrounding the existence of a prescriptive easement, with board members expressing differing opinions on the matter. One member noted that while the board could decide on the permit's validity, it would not determine whether an easement exists, leading to a metaphorical "schizophrenia" in understanding the situation.

The meeting also addressed community sentiments regarding property ownership and access rights. A board member, who identified as a lifelong San Francisco resident, emphasized the strong feelings residents have about land ownership, even when they do not hold legal titles. This sentiment was echoed by attendees, indicating a deep-rooted connection to local land issues.

The discussion turned to the failed mediation efforts between the parties involved, particularly regarding access conditions for a gate associated with the permit. The Mission Greenway group rejected a proposal that included vehicle access, insisting on a complete ban on vehicles in the area. This disagreement has left the parties at an impasse, with no clear resolution in sight.

Legal counsel clarified that while the board has the authority to modify permits, imposing access restrictions would exceed its jurisdiction. Instead, any resolution regarding access would need to be negotiated privately between the parties involved, potentially leading to further civil court involvement.

The meeting concluded with expressions of frustration from community members, who feel victimized by an unresponsive bureaucracy. The board's inability to provide clear answers or solutions has left many residents feeling unheard and powerless in the face of complex regulatory processes. As the situation develops, the community will be watching closely to see if a resolution can be reached that respects both property rights and local sentiments.

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