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Martinsville council approves consent-to-encroach for Cross Street property
Summary
The Martinsville Common Council voted Jan. 12 to approve a consent-to-encroach that grants homeowners a legal right of access where a fence extends onto city property at Cross Street, allowing them to pursue a loan; the city retains the right to remove the fence if work is required on the lot.
The Martinsville Common Council on Jan. 12 approved a consent-to-encroach for a property adjacent to a city-owned lot on Cross Street, a measure the council said will enable the homeowners to secure a loan.
City staff presented the agreement and told the council the homeowners have been unable to obtain financing because they “do not have a legal right to access their property.” The presenter said the consent grants that legal right while limiting the city’s liability and preserving the city’s authority to remove the fence if city crews need to access the parcel for work.
The presenter described the lot as including a culvert used for drainage; the homeowners’ fence extends onto the city parcel near that culvert. Council members asked questions about liability and access; staff said the consent document includes language to minimize municipal exposure and makes clear the homeowners proceed at their own risk if they block access.
A motion to approve the consent-to-encroach was made and seconded; the presiding officer called for the ayes and said the motion carried. The council did not record a roll-call tally in the transcript.
The consent is intended to remove an obstacle to the homeowners’ loan application by documenting a legal right of access. City staff will retain authority to require removal of the fence if municipal work requires access to the lot.
