Denver, CO asked in Real Estate Law and Civil Litigation for Colorado

Q: In a property line dispute, can on party take ownership of another party's house/property?

My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to forfeit his property, I'm afraid the neighbor who won the judgement will try the same thing against my property and need advice.

2 Lawyer Answers
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Parker, CO
  • Licensed in Colorado

A: Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property the more protection that can afford because the knowledge pool is closer at hand.

If you are truly concerned, then you need to talk to an attorney. That attorney may need to look into the history of the property, the surrounding surveys, or other to give you an idea if a property line dispute action may or may not happen.

In terms of forfeit, that may be the wrong term. Most likely, the judge ruled the property never belonged to your neighbor. In that case, it can be a survey issue. Most survey’s use old markers to measure. If those markers have been moved, it can really impact the survey, if the surveyor does not have a system of checks in place.

Please be aware that any answer is based on all 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.

1 user found this answer helpful

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Hire a competent CO attorney to conduct a title search now. He can advise if a new survey of the boundary is advisable. You might also start finding the prior owners or other witnesses which might know the land boundaries in the past. Then you will be prepared if sued.

Michael Joseph Larranaga agrees with this answer

1 user found this answer helpful

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.