Grand Junction, CO asked in Real Estate Law for Colorado

Q: Can you legally pass over a privately owned driveway owned by 3 different people if 2 of them give you permission?

There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get back to the street we live on. He is one of three homeowners who share this driveway, and he owns the two lots that are on one side of it. He gave us permission to walk on his driveway. The other side of the driveway is owned by two different homeowners. One of them also gave us permission to use their driveway to walk back to the street, but the third homeowner has a fit when we do that and threatens us. Is the permission of the two other landowners enough to let us legally cross over this driveway to get back to our street?

Related Topics:
1 Lawyer Answer
Timothy Canty
Timothy Canty
  • Evergreen, CO
  • Licensed in Colorado

A: The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to the Clerk and Recorders Office. You can get a copy of any easements and read them. An easement gives them the right to use and maintain the drive, but it may not give them the power to prevent your use. Good luck!

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.