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Dennis and Mary O'Dell are engaged in a dispute with their Stafford County neighbor Roger Payne over access to the O'Dells' property. The O'Dells say a fence Payne built will hamper emergency-vehicle access to their property by making their driveway too narrow.
MIKE MORONES/THE FREE LANCE-STAR

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Dangerous dispute woman feeling fenced in Does fence block access?

A White Oak woman is accusing her neighbor, a veteran fireman, of blocking fire-and-rescue access to her property


Date published: 10/16/2007

BY KAFIA HOSH

Mary O'Dell and her husband are building their dream home, a log house with a green roof off Caisson Road in Stafford County.

Their neighbor Roger Payne also plans to build his dream home, on 5 acres of cleared land that sits in front of the O'Dell property.

But when their houses are built, it's unlikely the new neighbors will borrow cups of sugar from each other or swap recipes.

An ongoing dispute between O'Dell and Payne has led to police calls and accusations of intimidation. They're arguing over O'Dell's driveway, which runs adjacent to Payne's land.

After Payne put up a wooden fence separating the driveway from his property, O'Dell accused him of narrowing it and blocking fire-and-rescue access to her home.

Payne, a veteran fireman, said the fence is simply a border, and leaves plenty of room for a fire truck or emergency vehicle.

O'Dell's driveway is 20 feet wide for the first 100 feet but then narrows to 10 feet.

She said her troubles began when Payne began to mark the driveway with orange spray paint.

"We immediately felt violated," O'Dell said. "We took that as an intimidating type of thing."

Soon, O'Dell said, Payne began to put up stakes to build the fence.

O'Dell wondered if the fence would block an emergency vehicle. She called the White Oak Volunteer Fire Department, which came over with one of its pumpers.

"They brought a truck over, and it could barely squeeze through," O'Dell recalled. "It would either have to knock the fence down or get caught up in the fence."

O'Dell, 45, has reason to be worried. She suffered a minor stroke on Memorial Day and faces open heart surgery next month.

"They're shutting my heart and my lungs off for five to six hours," O'Dell said, her voiced filled with emotion. "Anything can happen after a surgery like that."

She thinks it's "absurd" that Payne is a Fredericksburg fireman but is inhibiting safe access to her home.

"He's got an example to set," O'Dell said. "His fellow firemen can be at risk. What if one gets caught up at the fence?"

Payne insists he did not put the fence up out of malice.


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Date published: 10/16/2007


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FLS, what value does this story serve? (posted by meanasasnake , Oct. 19, 2007 2:51 pm)   
For the life of me, I can't figure out why this story appeared in the paper. It is obviously slanted towards sympathy for the O'Dells, yet I am amazed at their assumption that they have some right to control Mr. Payne's actions regarding his own property. If the enjoyment of YOUR property is dependent upon what your neighbor does with HIS property, then I suggest you work very hard to maintain good relations with that neighbor. My second suggestion is that you move into a neighborhood with an HOA.

At least its not a Walmart... (posted by Al , Oct. 18, 2007 7:53 pm)   
A few years ago there was a big dispute, I think it was in MD. Some folks bought a plot of land backing up to a lovely forest. The land behind them was not theirs nor was it protected park land, but the homeowners somehow assumed it would stay untouched despite being privately owned by someone else. Well, their neighbor sold the land to Walmart. They sued and lost because the rightful owner sold it legally. The moral is never expect to have control over neighboring properties. Insulate yourself well.

Lollipop Tree Lane (posted by bpp , Oct. 18, 2007 6:48 pm)   
Mrs. O'Dell, stop feuding over what someone else does on their property. Clear the trees off of your own property where the driveway enters your property. Then invite all the emergency vehicles over to show them what you have done.(HAHAHA) It's Mr. Payne's driveway, you get to use it to your property. He gave up a piece of his property for you to have access to your property. Mrs. O'Dell, you shattered Mr. Payne's tranquility. Also, you will have shade from the lollipop trees.

Dear Al (posted by JDRsr , Oct. 18, 2007 3:37 pm)   
You are not the only one confused! Does anybody know where "off Caisson Road" in White Oak theses two lots are located? If we had the parcel #s, County Tax Maps are online. Easments are marked in green dotted lines. The "reporter" let the O'Dells to blast Mr. Payne for trimmimg trees that "backed up to their property." A GREAT follow up question : are the trees were on the O'Dell property or not. Dom. Power has an easment in front of my yard, they trim the overhaning branches. FLS investigation?!

The tree question... (posted by Al , Oct. 18, 2007 11:56 am)   
Now this just seems like petty griping. Mr. Payne can cut his own trees any d*&%n way he pleases. He could take them out completely. They're HIS trees. I'm continually surprised by the degree to which people feel intitled around here. Spoiled suburbanites whine and bicker over everything. The fire truck WILL find a way through. But does anyone believe that's the real issue here? Sounds like a convenient excuse to get him to take down a fence they find unattractive. Otherwise, why even mention the trees?

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