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

Q: My question is in regards to property lines for a new build, the property line is against a public trail, unfinished.

I live in Colorado and when my wife and I did the final walkthrough of our new home, they showed us the property lines and the builder also already installed the front yard landscaping to make it easier to see which was roughly 9+ ft off of the right side of the house. However, yesterday when I arrived home, there were two markers inside my property line and a drilled whole in the sidewalk with spray paint around it stating that is the new property line (cutting about 4 feet off my property). Can they force me to move my landscaping and fencing even though there was a property pin further out before we moved in?

1 Lawyer Answer
Donald C Eby
Donald C Eby
  • Real Estate Law Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: The ultimate issue here is who is correctly identifying the property line, the builder or the new claim? And, if the builder was wrong do you have a claim against him or against your title insurance?

You should bring your facts and evidence to an attorney to review, he may be able to assist you in answering the questions and getting resolution.

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