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Questions Answered by Donald C Eby
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: As the owner of the servient estate, what are my rights wrt the dominant estates plan to grade a road on the easement?

I am the owner of the servient estate which has an easement for ingress/egress. The owner of the dominant estate plans on bringing in surveyors to stake the easement, and then an excavation company to re-grade an unpermitted road on the easement. Do I have the right to require the dominant estate... View More

Donald C Eby
Donald C Eby
answered on Jun 21, 2022

You definitely have rights. An easement does not give the owner of the dominant estate unilateral authority nor does he have the right to work outside of the permitting process. If you are not able to have a reasonable conversation with this party you should get an attorney involved to assist you... View More

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Donald C Eby
Donald C Eby
answered on Jun 16, 2022

The court needs to hear your side o the story. Your next step is dependent upon the current legal posture of the case. You should contact a probate attorney to assist you in obtaining your inheritance.

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My security deposit of $1,032 was withheld for over 90 days without reason from my landlord. I kept getting excuses

Every time I called. Can I collect damages from them for going well beyond the 30 days there were supposed to return my security deposit?

Donald C Eby
Donald C Eby
answered on Jan 25, 2022

A landlord who wrongfully withholds the security deposit may be subject to damages of 3X the amount and attorney fees.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can the HOA hold us responsible for the incorrect roof color installed by the previous owner?

6 months after taking possession of our new home, the HOA notified us that the color of our roof is in violation of the covenants. The new roof was installed and paid for by the previous owner during the inspection objection / resolution phase of our closing.

Here's the sticky part,... View More

Donald C Eby
Donald C Eby
answered on Sep 9, 2021

If the variance hearing does not go well you may need to contact an attorney to discuss your options against the seller who installed a roof without HOA approval of the color.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... View More

Donald C Eby
Donald C Eby
answered on Sep 8, 2021

You may have more leverage here than you think, so long as the Option Agreement is in writing. A strong Demand Letter from an attorney may be enough to show this seller that you will not simply walk away and intend to take action to enforce your rights. Contact an attorney you have too much to... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Colorado real estate contract. Timely terminated after inspection. Can attorney demand forfeit of earnest money?

We went under contract to buy a colorado house and paid $65,000 earnest money. Contract gave date of may 24th for inspection termination. We viewed the property on the 14th may, it was in terrible condition, much worse than we were led to believe. We immediately terminated the contract and... View More

Donald C Eby
Donald C Eby
answered on May 26, 2021

You have a lot of money at risk here. Unfortunately, the answers to your question and your legal rights WRT demanding the return of your earnest money is dependant upon the specific language in the Buy/Sell Agreement the language you used in your termination. If you used the Colo Real Estate Div... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: My Ex husband have signed my signatures on Quit Claim Deed of our marital property with out my permission.

He prepared a fake quit claim deed and take my name off actually the property was on the name of 3 individual owner's. After signing deed he got notarized fraudulently. Notary has notarized deed with out my physical presence. Means there is also a froud comit by notary Public.

County... View More

Donald C Eby
Donald C Eby
answered on May 4, 2021

You are on the right path, you likely have claim against both your X and the notary.

You can schedule a consultation online 24/7 by going to go.oncehub.com/rhbooknow or calling us at 303-688-0944. At your free case assessment we'll discuss the facts, your proof, options, rights, risks,...
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1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... View More

Donald C Eby
Donald C Eby
answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

1 Answer | Asked in Real Estate Law and Elder Law for Colorado on
Q: can the courts force the sale of a multigenerational home held in joint tenancy upon demand by one of the four owners?

Mother in law has retained an attorney who is threatening court ordered forced sale under CRS 38-28-101. @ closing, she signed an affidavit stating she would not require repayment in part or in whole for the assistance with the down payment on 12-07-2016. Since the closing, she has moved in 2X and... View More

Donald C Eby
Donald C Eby
answered on Apr 25, 2021

Is it possible for a 1/4th owner to force the sale of the property. In general, yes. But, you and the other partners may have defenses. You should contact an attorney to discuss the facts in detail and to potentially have an attorney respond to the attorney demand letter showing that you do not... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: can you offer me a a defense for statue of limitations in my civil case complaint of unjust enrichment?

the defendant answered my complaint and argued that the i didnt have a claim due to statue of limitations. in my response, i want to argue that althought time has passed, i just found out

Donald C Eby
Donald C Eby
answered on Apr 19, 2021

You may have a viable defense to the Statute of Limitations defense. In some types of claims the Statute of Limitations does not begin to run until the damaged party (you) has notice of the defect. This will get very technical very fast. I recommend you contact an attorney to discuss your claims... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: How much latitude does a judge have in denver district court, civil litigation of unjust enrichment?

defendants attorney filed response that included the defense of statue of limitations.

Donald C Eby
Donald C Eby
answered on Apr 19, 2021

The issue here is does the Opposing Party have a legitimate defense and claim that the case is barred as a result of the Statute of Limitations. You will likely need to respond to this assertion. You are in Dist Court, if you are serious about your case you should consider having an attorney... View More

1 Answer | Asked in Construction Law for Colorado on
Q: Can we sue a builder for not repairing siding that was not installed right if so what kind of lawyer do I need to get

We had a home built and finished in July of 2019 and when we moved in we talked to the builder a bout this and they sent a rep from the siding company and they said it needed to be replaced due to not being installed the right way. Well the builder keeps sending people out to look at it but nothing... View More

Donald C Eby
Donald C Eby
answered on Mar 19, 2021

If your builder is failing to perform the warranty work then you will need to bring a lawsuit to protect your investment. This will be a construction defect type of suit. I recommend contacting an attorney familiar with suing builders under the Construction Defect Act as it is a somewhat... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Accord and satisfaction of an easement agreement.

We have an easement agreement for $10.00, which included crop damages and repurposing of soil. This was signed in 2018.

The check has no specific language on it. However, a letter sent with the check was subsequently sent for $30000 and language in the letter states, " this is for... View More

Donald C Eby
Donald C Eby
answered on Mar 15, 2021

Sue you have a lot of good questions and a lot at risk. The short answer is yes cashing the check could put you at risk. But, I certainly do not know all of the facts as related to you issue. So, I recommend that you contact an attorney to have a discuss so that you can fully understand your... View More

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Rights for Colorado on
Q: What can I do to be able to install a more suitable fence for my special needs child? When HOA has fence regulations.

I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... View More

Donald C Eby
Donald C Eby
answered on Mar 6, 2021

You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.

1 Answer | Asked in Real Estate Law for Colorado on
Q: How to remove a lis pendens for my property in Colorado?

My x sued me for a dissolution of marriage claiming common law marriage. I filed a motion to dismiss and I won the ruling was that there was no marriage. Now there is a Lis Pendens against my property that my x's lawyer had put there while the case was going on. I am trying to re-finance and... View More

Donald C Eby
Donald C Eby
answered on Feb 26, 2021

No a Lis Pendens does not automatically fall off. You may have to sue in Quiet Title to get this resolved.

2 Answers | Asked in Real Estate Law for Colorado on
Q: How do I find out if my brother's estate went through probate in Alabama and if property we owned jointly was included?

My siblings and I own property in Colorado together with our now deceased brother. However, we don't know if our brother's wife and/or children still have rights to the property. We'd like to get our brother off of the deed. How can we tell if it went through probate already as... View More

Donald C Eby
Donald C Eby
answered on Feb 24, 2021

The Colo Property would need to be probated separately in Colo.

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1 Answer | Asked in Construction Law, Contracts and Employment Law for Colorado on
Q: Construction contract has been breached by made up unreasonable claim that job wasn’t done right what are my options

Homeowner is refusing to pay the labor contract for the completed basement. Double standard on only agreeing to pay labor amount for contract limiting profitable margins and now has a livable space that’s worth around 120k. Contract breach amount is 12k and I’m wondering if I can sue for... View More

Donald C Eby
Donald C Eby
answered on Feb 17, 2021

You have a right to get paid for the work you did and to enforce your contract. Have you considered recording a mechanic's lien?

1 Answer | Asked in Real Estate Law for Colorado on
Q: What remedies are available for an owner of a land locked parcel who would like to gain vehicle access to the property?

I am interested in purchasing a patented mining claim. The seller has obtained a right-of-way easement from the NFS but it adjoins another private parcel. The seller has been unable to obtain a right-of-way easement from the adjoining private property owner due to lack of response. Can the... View More

Donald C Eby
Donald C Eby
answered on Jan 30, 2021

Can the existing easement be modified? Maybe.

Can adjoining property owners be forced to allow and ingress/egress easement? Maybe.

Certainly a landowner has the right to have access to his property. However, gaining that access can be a complicated legal process if the adjoining...
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1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed a contract with the homeowner for a remodel. He hired an unlicensed plumber to finish the job & refuses to pay

Our contract was to rough in and finish plumbing for 2 1/2 baths, kitchen and laundry room. Terms were 50% due at start, 30% due after rough-in inspection and 20% due on completion. The homeowner hired an unlicensed plumber to finish the plumbing draw on the home, and the county passed the... View More

Donald C Eby
Donald C Eby
answered on Jan 12, 2021

The real question is are you going to allow this homeowner to breach your contract without consequences? You have a contract, you have the right to enforce the terms of that contract and your expectations of profit therein.

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Colorado on
Q: I legally purchased a dog from an animal shelter a year ago. The previous owner somehow got my personal information fro

from the animal shelter, name, phone, address, etc., and has called me wanting the dog back. I clearly said no. He claims his ex wife gave the dog away to the shelter and he didn’t find out until 4 months later. He has since sued me and the animal shelter for custody of the dog. The dog is... View More

Donald C Eby
Donald C Eby
answered on Jan 2, 2021

You will definitely need to defend yourself in the Court action and prove ownership. WRT your safety I recommend considering a Protective Order. You should contact an attorney to discuss this matter in more detail so that the specific facts of our case can be reviewed and you can receive detailed... View More

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