Abilene, TX asked in Agricultural Law for Colorado

Q: Question: Corporation installed an 18 inch under ground steel pipe across my farm without permission to transfer h20

Sorry more information. farm in western Colorado. Farmer next to my says he has a pice of paper show he has right. Problem the farm has been our ownership since 1901 title clear, no leans, have given about and rights. the farm was share crop and still pipe install 2 1/2 ago. absent owner trusting that farmer are doing there job. this water pipe gives the farmer next to save the 13 miles the should travel. Since no one around the corporation large one,they decided to bury the steel pipe on my property. With my consent.

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2 Lawyer Answers
Chad Jonathan Lee
Chad Jonathan Lee
Answered
  • Glenwood Springs, CO
  • Licensed in Colorado

A: It depends on what your neighbor's written document provides and whether you consented to the installation. In almost all cases, the corporation must obtain a written easement to install a pipe across your property to convey water. The uses of the pipeline will be strictly limited to what is provided in the easement. Since this provides your neighbor with a pretty big benefit, it may be worth looking into this further or hiring an attorney. But given that the pipeline was installed 2.5 years ago, you should see a lawyer quick to avoid losing your claim per the statute of limitations, if you haven't already.

Timothy V. Kassouni
Timothy V. Kassouni
Answered

A: Unless the corporation has a written recorded easement, or a prescriptive easement to allow for the installation of the pipe, you may have a claim for trespass. You should research the title to your property and also call the corporation to inquire as to the legal right to install the pipe.

You may want to consider consulting a property rights lawyer to review your documents and to develop a legal strategy if necessary.

For more on property rights law visit www.kassounilaw.com

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