Fort Morgan, CO asked in Real Estate Law for Colorado

Q: there is a 50' easement road in front of our property, we want to increase that

there is an easement road in front of our property for assess to the people down the road. right now we have a piece of paper that says the easement is 50' wide which comes onto our land by about 10 feet. we would like to put up a fence to enclose our property which would be about 25 feet of the road but it's really not part of the road as there are trees on this space. When we put up the fence we would like to include our trees to be inside the fence which would mean we need to take about 10-20 of the easement. This will not infringe at all with the actual road. If at such a time they would like to widen it for any reason we would be willing to move our fence back. We talked to the neighbor who has this easement and he said no put the fence 25 feet into our property having our trees outside of the fence. it's a dirt road that has 2 neighbor use it and it is more than wide enough if 2 cars needed to pass each other.what are the next steps

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1 Lawyer Answer
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: You will need to contact a lawyer directly for a legal opinion. What you are proposing is limiting an easement for aesthetic purposes. You can consider hostility restricting the easement, but that is something best discussed with an attorney directly (there are many negative consequences if you are caught...).

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