Asked in Real Estate Law for Colorado

Q: We have rural property where there has been a road for over 50 years. The neighbor had his property surveyed

and about 20 feet cross into our land. Do I have any recourse?

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1 Lawyer Answer
John Roland Lund
John Roland Lund
  • Carbondale, CO
  • Licensed in Colorado

A: Easements, which are rights to use certain portions of another person's land for limited purposes such as a road, can be established through use, through necessity or through contract. Is it 20 feet of the road that crosses onto your land? If that road is necessary to your neighbor to get his land, then he may be able to maintain the access. There are other aspects of this, such as the obligation to maintain, limits on use, etc. about which a lawyer could advise you more clearly with more facts.

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