MITCHELL, S.D. - A new fence crossing a gravel pathway is dividing neighbors in more ways than one.

The fence installed Monday night splits the pathway Rod Neugebauer sees as South Iowa Street and the home of Angie Beintema, who believes the gravel path to be a private driveway.

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An open pathway since he moved to his home between West Ash and West Hanson avenues in 1989, Neugebauer said the newly installed fence has already become a source of frustration causing him to seek legal recourse.

"I told them I will not let it happen, and I won't," Neugebauer said Tuesday.

The fence was installed Monday night between Neugebauer and Beintema's properties, and Neugebauer said it has already led to difficulties backing out of his driveway and he has concerns it will impact garbage collection by blocking the thoroughfare.

But Beintema said the fence will allow her to repair the private driveway that's been damaged with potholes and ruts due to routine use from her neighbors. Since the city does not assist with snow removal or replacement gravel due to the pathway's labeling as a private driveway, she and her neighbor across the path are saddled with upkeep costs.

"I don't feel if our neighbors are not willing to pitch in and help with upkeep of the road and actually get it fixed, that we should pay for somebody else to be driving on our private drive," Beintema said.

Despite Beintema's reasons for installing the fence, Neugebauer said he's not the only neighbor upset about the structure. He said his attorney will fight for an easement that would allow Neugebauer and other neighbors to continue using the pathway on the grounds they have been using it for decades.

But the city of Mitchell sees no reason the fence can't be installed.

"As far as we can tell, it's private," said Public Works Director Tim McGannon.

According to McGannon, who OK'd the installation of the fence, the path is a driveway rather than a street. McGannon said he's familiar with the area due to past research to determine whether the pathway is in fact a street.

"There's no record that it is a city street," McGannon said. "There's no right-of-way there that we found."

McGannon said when looking at the plats, the two lots are platted against one another to leave no room for a street or road. And in response to Neugebauer's concerns about garbage collection, McGannon said the city will likely adjust and back into the driveway to collect trash.