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Abutter’s Alleys
Many neighborhoods in Ogden include alleys that run along the rear of properties. These alleys may be either public or private (abutter’s alleys), and property owners have different responsibilities and rights depending on the type of alley. This page provides guidance on how to identify the type of alley behind your property, your responsibilities for maintenance, and how alley closures (vacations) are handled.
What is an abutter’s alley?
An abutter’s alley is a private alley that is jointly owned and used by all property owners within a subdivision block or other defined area. These alleys are typically created by subdivision plats and are not open to public use. They are intended to provide shared access to the rear of properties on the block. Most, but not all, alleys in Ogden are abutter’s alleys.
Key Features of Abutter’s Alleys:
- Not dedicated to public use
- Jointly owned by abutting property owners
- Used for access to rear yards, garages, or trash service
- Not maintained by Ogden City
What is a public alley?
A public alley is dedicated for use by the general public and is part of the city’s public right-of-way system. These alleys may be used by the city for utility access or emergency vehicle access.
Key Features of Public Alleys:
- Dedicated to the public through a plat or deed
- Can be used by all members of the public
How can I tell whether my alley is an abutter’s alley or a public alley?
- Check Your Subdivision Plat: You can find your subdivision plat at Weber County GeoGizmo.
- Enter your address in the search bar:
- Click on your parcel and click on “more parcel info” and find “dedication plats.”
- Open the plat and read the dedication section. If it has language that states something like “the alleys to be used in common by whomsoever shall own any lot, the right to the use of the alleys being appurtenant to any and all of the lands fronting thereon,” then it is an abutter’s alley. If it says the alley is dedicated to Ogden City or to the public, then it is a public alley.
- Enter your address in the search bar:
- If you need help, contact the Ogden City Planning Division at 801-629-8922 or planning@ogdencity.gov. We will try to assist, though you may need to contact a title company to find out for sure.
Who is responsible for maintaining abutter's alleys?
Each property owner whose land abuts the alley is responsible for maintaining the portion of the alley directly behind their property. This includes:
- Keeping the area clear of weeds, debris, and junk
- Not placing fences, sheds, or other obstructions in the alley
Per Ogden Municipal Code §12-4-1, failure to maintain the alley properly may result in code violations.
Note: Ogden City does not enforce private disputes over abutter’s alleys. If an owner obstructs the alley or encroaches into it, other property owners must resolve the matter directly or pursue civil legal action.
How to Vacate an Alley
Closing an Abutter’s Alley
To vacate an abutter’s alley (i.e., eliminate the shared access), all property owners who abut the alley must agree in writing. Without full agreement, the alley remains jointly owned and open for use by all abutters.
Process:
Closing an abutter’s alley is a private matter. Ogden City does not initiate or approve closing the alley, but we can help walk you through the process. We have prepared the Abutter’s Alley Closure Instruction Guide with information on how to close an abutter’s alley.
Vacating a Public Alley
Vacating a public alley requires a formal application and public process. This may be initiated by a property owner, developer, or neighborhood group.
Steps for Vacating a Public Alley:
- Meet with the Planning Division – Contact Ogden Planning at 801-629-8922 or planning@ogdencity.gov to schedule a time to discuss your proposed vacation.
- Submit a Petition – File a petition with the Planning Division.
- Review Process – Planning staff reviews the request for compliance with city codes and public access needs.
- Public Hearing – The Planning Commission holds a public hearing and makes a recommendation.
- City Council Approval – The Ogden City Council must approve the vacation by ordinance.
The process typically takes several months and requires that utility companies and city departments confirm that the alley is no longer needed for access or services.
Frequently Asked Questions (FAQs)
Q: Can I put a fence or shed in the alley behind my house?
A: Only if the alley is on your private property and not part of an abutter’s alley or public right-of-way. Obstructing an abutter’s alley violates the rights of other property owners. In any case, you will need a land use permit to install the fence or shed.
Q: Someone is storing material in the alley. What should I do?
A: If it's an abutter’s alley, speak with your neighbor directly. Ogden City doesn’t not enforce code violations unless they are related to junk and weeds under Ogden Municipal Code §12-4-1 or if is a structure that required a land use permit. If it is a public alley, contact Ogden Code Service at 801-629-8961 or stephanieg@ogdencity.gov .
Q: My neighbor blocked off my access to an abutter’s alley. What should I do?
A. Usually, the first step is to talk directly with your neighbor and ask them to clear the access. If this is not successful, you may need to contact an attorney for assistance.
If you are involved in or planning a meeting with a neighbor or other property owners and are concerned about a possible disturbance, you may request the presence of a Community Policing Officer to help keep the peace. To do so, contact the Weber Area Dispatch Center at the time of concern or in advance of the meeting.
Q. There are trees and bushes that are overgrown in an abutter’s alley. What should I do?
A. Since abutter’s alleys are private, it is the responsibility of the property owners in the subdivision block to maintain vegetation in the alley. So, talk with your neighbors and come to an agreement on a plan to maintain the vegetation. If there are power lines in the alley, you might contact Rocky Mountain Power at 1-888-221-7070 or email VegetationMgmtPacCor@PacifiCorp.com and ask if they would assist.
Q. My abutter's alley has potholes and needs paved or repaved. What should I do?
A. If your alley is an abutter’s alley, it is up to the property owners to pave or maintain the alley. So, talk with your neighbors and come to an agreement on a plan to pave or repave the alley.
Contact Information
Ogden City Planning Division
2549 Washington Blvd., Suite 240
(801) 629-8922
planning@ogdencity.gov