Q: Our property line goes directly through our neighbor of 5 years driveway. We want to fence our property completely
This is a complex question. You should contact an attorney.
If you own a property, you have a right to fence it provided you do not run afoul of any covenants, HOA, zoning, ordinances, and/or other laws. In certain rural areas in Colorado, you may be required to fence it.
The primary red flag with this question is the fact you state your neighbor’s driveway runs through your property. This may present an easement problem.
In certain situations, you can purchase an easement to use property for purposes like a driveway. These typically get recorded with the county clerk and recorders office.
In other situations, he could acquire an easement through adverse possession, it could arise naturally based off of prior history, or other.
You need to determine if he has a right to use the driveway. If he does and you block it, then you may be subject to legal action. Again, you should contact an attorney. An easement can present problems down the road if you ever decide to sell the property.
Please be aware, any answer is based on the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney. Larranaga Law offers free case evaluation. Please note that representation is not guaranteed.
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