Englewood, CO asked in Real Estate Law and Land Use & Zoning for Colorado

Q: I wan to finish off a fence between my backyard and a portion of my neighbors backyard.

There is an old post fence that I would like to replace with a privacy fence between my backyard and a portion of my neighbors front yard. It would be a property line fence. Does Colorado Title 35 article 46 section 112 require my neighbor to share in the cost burden of such a project? Or would any other Colorado law apply? My property is not used for agriculture or grazing, Its just a simple suburban residential lot.

2 Lawyer Answers
James Alan Greer
James Alan Greer
Answered
  • Real Estate Law Lawyer
  • Boulder, CO
  • Licensed in Colorado

A: Dear Fence Line Property owner: The section you cite is pertinent to "agricultural or grazing lands". While you didn't make a distinction in your question, the legal authority supports your desires only if you are speaking about agricultural land. Here is the citation:

Universal Citation: CO Rev Stat § 35-46-112 (2016)

Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each tract to build one-half of the line fence.

JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party.

Donald C Eby agrees with this answer

1 user found this answer helpful

Donald C Eby
Donald C Eby
Answered
  • Real Estate Law Lawyer
  • Castle Rock, CO
  • Licensed in Colorado

A: Not likely since your land is not agricultural.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.