Denver, CO asked in Real Estate Law for Colorado

Q: What remedies are available for an owner of a land locked parcel who would like to gain vehicle access to the property?

I am interested in purchasing a patented mining claim. The seller has obtained a right-of-way easement from the NFS but it adjoins another private parcel. The seller has been unable to obtain a right-of-way easement from the adjoining private property owner due to lack of response. Can the existing NFS easement be modified to adjoin county or municipal roads? Can the adjoining property owner be forced into an easement through lawsuit? What other options are available?

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

A: Can the existing easement be modified? Maybe.

Can adjoining property owners be forced to allow and ingress/egress easement? Maybe.

Certainly a landowner has the right to have access to his property. However, gaining that access can be a complicated legal process if the adjoining landowners are uncooperative. Your matter will be very factually intensive. You should contact a local attorney who can review the plats, current easement, etc and offer you advice about your rights, remedies, risks, costs, etc.

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