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Colorado Land Use & Zoning Questions & Answers
2 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?

I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.

Donald C Eby
Donald C Eby answered on Nov 30, 2020

It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... Read more »

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2 Answers | Asked in Animal / Dog Law and Land Use & Zoning for Colorado on
Q: Looking to buy land and raise a few animals. Old covenants forbid it but are no longer enforced!

We are looking to buy 3.25 acres of land in la plata county Colorado. The covenants forbid chickens and cows but are from the 1970s and no longer enforced. We want to raise a few animals for personal use. Is there a way to protect ourselves moving forward? If someone decides to now enforce these... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 12, 2020

You will have to appeal to your local zoning board to get the property rezoned. I would recommend consulting with a real estate attorney

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1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: recent survey, fence is 6.5 feet on our side of property line, neighbor wires gate closed that is on water right of way.

Our farm is in Garfield County Colorado. We have crossed the fence for years but I'm afraid neighbors may try and claim our land as theirs. I keep opening the gate for passage but now there's a lot of stuff wired over the gate opening from the far side of the fence, but still on our... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 6, 2020

You either move the fence or acquiesce to the present fence being the boundary. You need an attorney to conduct title searches on both properties, and possibly file a Boundary Line Dispute. You will probably need a survey by a Surveyor who can testify in Court. You seem to know that the other... Read more »

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: I run a 501c3 with horses on a 6 acre rural residential property in Douglas Co. Do I need a permit? Please advise?

I have a difficult neighbor who took me to court. I have a court order stating that I cannot operate the nonprofit outdoors. So, I'm looking to build a small indoor arena. I know my neighbor will do all she can to hinder my efforts, so I want to make sure I have all my legal ducks in a row.

Donald C Eby
Donald C Eby answered on Apr 15, 2020

Do you need a permit to build an indoor arena in unincorporated Douglas County? The likely answer is yes. You will need to build in compliance with the County Building codes and zoning.

You may want to contact a local attorney to discuss the facts of your situation and get clarity on...
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1 Answer | Asked in Land Use & Zoning for Colorado on
Q: How much per day can I charge for storing a tractor trailer on my Private property.
Donald C Eby
Donald C Eby answered on Dec 9, 2019

There is no legal limit.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: My question is in regards to property lines for a new build, the property line is against a public trail, unfinished.

I live in Colorado and when my wife and I did the final walkthrough of our new home, they showed us the property lines and the builder also already installed the front yard landscaping to make it easier to see which was roughly 9+ ft off of the right side of the house. However, yesterday when I... Read more »

Donald C Eby
Donald C Eby answered on Oct 15, 2019

The ultimate issue here is who is correctly identifying the property line, the builder or the new claim? And, if the builder was wrong do you have a claim against him or against your title insurance?

You should bring your facts and evidence to an attorney to review, he may be able to...
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1 Answer | Asked in Land Use & Zoning for Colorado on
Q: Can a city in Colorado install a Acqueduct that sends water over privately owned land and not into the city drain?

The city said it has always been that way.

Donald C Eby
Donald C Eby answered on Aug 9, 2019

You may have a "Takings" claim against the city.

I recommend that you contact a Land Use Attorney to review the facts, your rights, remedies, and process.

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: I live in Pueblo County and have land that is directly west of me and has been purchased and surveyed by the buyer.

He states my fence line is on his property. The fence has been in place for over 18 years and would fall under Article 41 of Colorado Revised Statutes 2016 TITLE 38. It would seem to me that the property in question would be mine under adverse possession. What would I need to do to prove this?

Donald C Eby
Donald C Eby answered on Apr 23, 2019

You should contact an attorney to discuss bringing a Quiet Title Claim based on Adverse Possession.

1 Answer | Asked in Land Use & Zoning, Civil Rights and Landlord - Tenant for Colorado on
Q: Does mngmnt have the right to go on to our property, or, at wat point can code enforcement just go without notice?

The manger is trying something stuff to us that isn't right

Donald C Eby
Donald C Eby answered on Mar 31, 2019

Code enforcement is outside of the control of your landlord.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: I am researching the Colorado rent control ban. How do I find out about the original court case that it came from?

I know if happened in Boulder in 1980. but I cannot find any other information. I would love to know the name of the case, and even some details about who brought it to court, and how the decision was made. Do you have any advice on finding this kind of information? Thank you!

Timothy Canty
Timothy Canty answered on Mar 5, 2019

The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below.... Read more »

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: Can a utility company put anchor cables in a right of way that partially impedes access to my property.

This is a follow up to a previous question, with better clarification. Two utility companies share a utility pole that is on the property line between me and my neighbors. The pole is not a problem. However, there are three cables, or guy wires / anchor wires, that stretch from near the top of the... Read more »

Donald C Eby
Donald C Eby answered on Feb 22, 2019

If there is no easement you should have an attorney send a demand letter to Century Link. This will ultimately force CenturyLink to prove it has a right or move the cables at its expense.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: Does a utility company need an easement for a utility pole anchor wire that prevents access to my carport?

I have an alley-accessed garage and carport. There is a utility pole on the property line between me and my neighbor. Two guide wire/cables are anchored about 10 feet from the pole, in the direction of my property, at roughly a 30-40 degree angle, to the pole. As a result, the cables prevent... Read more »

Donald C Eby
Donald C Eby answered on Feb 6, 2019

Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.

If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: I wan to finish off a fence between my backyard and a portion of my neighbors backyard.

There is an old post fence that I would like to replace with a privacy fence between my backyard and a portion of my neighbors front yard. It would be a property line fence. Does Colorado Title 35 article 46 section 112 require my neighbor to share in the cost burden of such a project? Or would... Read more »

James A. Greer
James A. Greer answered on Jul 16, 2018

Dear Fence Line Property owner: The section you cite is pertinent to "agricultural or grazing lands". While you didn't make a distinction in your question, the legal authority supports your desires only if you are speaking about agricultural land. Here is the citation:... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: I live in a wildfire prone area backing up to undeveloped, bank owned land . Can I get the bank to mitigate that land?

Land has a large amount of beetle kill. The neighboring properties are all mitigated but the bank land was not sprayed for beetles and now contains a large amount of fire fuel. Is there preliminary action that can be taken, if there is a large fire, is there any negligence on the bank's part?

John Roland Lund
John Roland Lund answered on Apr 4, 2018

You could file an action for nuisance abatement. That suit would be filed against the bank on behalf of you, and other adjacent owners. You might try having a lawyer write a letter on your behalf first. If the bank responds to that, it would be less time consuming and less costly. Still, the... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Colorado on
Q: Is pressing charges on a landlord the only/best approach?

Hello. So I recently moved into a new house with a new landlord and new roommates. We each paid 500 upfront for first months rent and each paid 500 for a deposit. We all signed the lease and lease was sent to our parents as cosigners. The following day, a cosigner (mine) who was set to return from... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 1, 2018

From your facts it is acceptable for the landlord to "terminate" the agreement (technically no complete agreement was reached). However, the landlord must return all money (since no lease agreement was created). If the rental was occupied (even for a short duration), the landlord can... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: What legal action can I take for misrepresentation of a newly-purchased home?

My question is regarding the purchase of our new condo. The realtor told us on two separate occasions that the fenced-in yard was shared between us and the owner next door. Last night, the renter of that unit abrasively told me that is not a shared space, it belongs to her unit only. Had we known... Read more »

John Roland Lund
John Roland Lund answered on Jan 14, 2018

It appears the broker is the listing broker as opposed to someone you retained specifically to represent you as the buyer? Assuming that is correct, the listing broker is not your fiduciary and not responsible for your best interests. Rather they represent the seller. They are nevertheless... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Colorado on
Q: How do you evict someone from an assisted living house?

They have not paid rent, they are not following the rules, there is violence and threats.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 17, 2017

Barring special issues for an health related concerns, you should be able to use the standard eviction process. If you have a lease agreement, refer to this. If you don't or the lease does not cover all aspects of the eviction, the default rules listed the Colorado Statutes apply.

If...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: what does it mean when the city is going to Abate your property?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 9, 2017

In a general sense, abatement means that something is reduced or waived. If there is a tax abatement by the city it should mean that the property tax is reduced. Abatements can also apply to nuisance issues (i.e. a property owner needs to quite-down). Abatement is sometimes used by some cities in... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: County Planning Administrator is requiring us to meet PROPOSED floodplain codes for a garage.

Our property is not currently in a floodplain. It is in a PROPOSED FEMA floodplain. The County Planning Administrator is using the proposed map to determine our building code. We will have to elevate our garage as well as add flood vents even though our property is not currently in a floodplain.... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 28, 2017

Consulting a real estate attorney is likely worth the effort. Planning commissions can have a life of their own (not always in a good way...). The proposed classifications may not be legally binding and/or you may be able to get an special exception for the garage. At minimum, you can have a lawyer... Read more »

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