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

Q: recent survey, fence is 6.5 feet on our side of property line, neighbor wires gate closed that is on water right of way.

Our farm is in Garfield County Colorado. We have crossed the fence for years but I'm afraid neighbors may try and claim our land as theirs. I keep opening the gate for passage but now there's a lot of stuff wired over the gate opening from the far side of the fence, but still on our property. How do we keep our property from being legally stolen?

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN

A: You either move the fence or acquiesce to the present fence being the boundary. You need an attorney to conduct title searches on both properties, and possibly file a Boundary Line Dispute. You will probably need a survey by a Surveyor who can testify in Court. You seem to know that the other landowner has taken 6.5 feet alongside your boundary, so you may have already lost it. If you do nothing, you will definitely lose it.

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