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Questions Answered by Donald C Eby
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: My nieghbor filed a District civil summons on me to cut my tree down that's in my yard. What can I do about it?

She wants the tree cut because she is scared to sleep in her bedroom because she says my tree will fall on her bedroom. She has aggervated health issues from this tree, and she cant enjoy her yard because of this tree and she has increased anxiety and stress over this tree.

My tree is not... Read more »

Donald C Eby
Donald C Eby answered on Dec 22, 2020

Your neighbor is a nightmare and she is now suing you! You definitely need to engage an attorney to defend you and your property in the lawsuit and potentially assert counterclaims against her.

Contact an attorney who has litigation experience. Most will offer a free initial...
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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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1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed contract summer 2019 for home work to be done in 20 days. Can I cancel?

Seen no one since Feb 2020. Paid 75% of contract which is more than itemized completion. Contractor is working on new jobs. He doesn’t contact back when I text or call. I just want to hire someone to complete our house.

Donald C Eby
Donald C Eby answered on Nov 25, 2020

Likely, yes you have a basis to claim that the contractor has breached the contract and demand a return of your payment and damages.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

Time and material cost and possible of it changing was made clear from the start. Order was delayed and arrived wrong (this last monday). Lumber company was willing to except fault for mistake and meet us half way on materials cost increase. Homeowner eminently cancels and whole project and demands... Read more »

Donald C Eby
Donald C Eby answered on Nov 22, 2020

You ask a lot of great questions. I suspect that you do not owe a full refund and I question the homeowners right to cancel. But, the answers to these questions are found in your contract. I recommend you bring your contract to an attorney to have it reviewed along with your facts and expenses.... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: If you are are partial owner on a property title, can you be sued for the full equity in the property?

My mother in law needs to be a partial owner to occupy a condo I own. She got in a car accident 1 1/2 years ago and the claim has not been closed. I am worried about putting her on the title (even at 1% ownership) with the claim still pending.

Donald C Eby
Donald C Eby answered on Nov 16, 2020

You should be concerned. If she is an owner. This creates an asset from which the creditor from the car accident could levy to force payment of the debt. It is a lot more complicated than that, but you should consult an attorney before simply filing a Quit Claim Deed to add anyone to title to... Read more »

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 Landlord - Tenant for Colorado on
Q: In Colorado, when does a landlord have to return security deposits in the case of an early lease termination?

We had to terminate our lease early due to a move, and the landlord is now stating that they don't have to return our deposits to us until the property is re-rented, which is in contradiction to what was stated in our lease which states "landlord shall provide tenant with a written... Read more »

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

The issue in Sec Dep cases is always when does the 60 day clock start to run. If you have an affirmative agreement to terminate the lease on July 20 and/or you paid the Lease Break Fee and it was accepted as such, you may have a good case to demand your Sec Dep be returned in full and to possibly... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: If the seller and their RE agent were aware of foundation issues, are they legally bound to report them?

Seller was executor, however we also learned for the past 10 years they have been the sole caregiver for the property (replacing roof, electric, etc). We came across someone previously under contract who provided the estimate they received for foundation work. Are they legally bound to... Read more »

Donald C Eby
Donald C Eby answered on Sep 29, 2020

Withholding knowledge of a material defect like an expensive foundation issue from a potential buyer could subject the Seller to triple damages in a lawsuit. If you are the buyer you should contact an attorney ASAP.

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1 Answer | Asked in Civil Litigation and Foreclosure for Colorado on
Q: My COA/HOA roof assessment of $5,163 was paid-in-full. They have violated the contract

Diversified Management and the COA (Colorado Speings), in abuse of power and selective enforcement held my final payment of $2,563 in cashiers check for nearly a year, returned it for "reissue", then immediately turned my paid in full account over to Orten Cavanagh collection. This firm... Read more »

Donald C Eby
Donald C Eby answered on Sep 3, 2020

You'll need to provide proof of the payment to the court, you can ask for attorney fees when you win. I recommend that you contact an attorney that represents homeowners against HOAs to discuss your rights, remedies, and risks in this matter.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Do we have any recourse? Elevator leg fell over on my father's garage due to a bad storm. He has no insurance.

They will not respond to any questions. Completeley destroyed garage.

Donald C Eby
Donald C Eby answered on Sep 3, 2020

If someone else owns the Elevator Leg you have a claim for damages against them. You may want to get an attorney to assist you.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Our neighbor's tree fell on our house causing $389 in damage. They told us to make an insurance claim. Who should pay?

The tree is clearly rooted in their property. Our neighbor's property is managed by Walter's and Company, who did remove the fallen tree after we alerted them to the issue. Walters and Company Property management has stated that they will not be paying for any repairs needed from their... Read more »

Donald C Eby
Donald C Eby answered on Sep 2, 2020

This is a claim that you would likely win if you were to bring the case in Small Claims Court.

1 Answer | Asked in Real Estate Law for Colorado on
Q: is it true that if something isn't specifically prohibited in homeowner association covenants, then it is allowed

Some board members have decided to interpret the covenant 5.23 vehicles. " No snowmobiles, all terrain vehicles, or off-road vehicles shall be operated in River Terrace. No vehicles may be stored outdoors." that no rv's, travel trailers, campers, trailers can be parked anywhere on... Read more »

Donald C Eby
Donald C Eby answered on Sep 1, 2020

You may want to consult with an attorney to respond to your HOA to dispute the HOA's overreaching attempt to enforce the convents.

The HOA only has the power specifically granted to it in the HOA documents.

2 Answers | Asked in Contracts and Construction Law for Colorado on
Q: Can a contractor charge me additional money after I paid the invoice in full?

A subcontractor "forgot" about additional charges over a week later and now the subcontractor is trying to charge me additional money.

I am the owner, and was told that the job was paid in full. Now, a week after, they are charging more money with no itemized bill.

Donald C Eby
Donald C Eby answered on Sep 1, 2020

If you content that you do not owe those additional charges then you may want to have an attorney dispute the charges for you. Or alternatively, if you don't pay the charges then the Contractor may or may not bring a lawsuit to compel payment at which time he would have the burden of proof to... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can an HOA enforce view corridors of neighbors for building a house? Is there a law, or case on the topic?

An HOA claims they can enforce a lower height limit than usual, or a larger setback than usual, to keep us from building a house too close to a neighbor's view corridor (even though the neighbor thinks our proposed plan is fine). We are aware that a view easement can be purchased to protect a... Read more »

Donald C Eby
Donald C Eby answered on Aug 11, 2020

It is possible for an HOA to have this authority. But, it is also common for HOAs to overstep the limits of their authority. I recommend contacting an attorney who represents homeowners against HOAs to review any documents, HOA Covenants, bylaws, rejection letter, recorded easements, etc. and... Read more »

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