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I lived with a friend for 18 years and was his sole caregiver for 13 of those years. Before he passed away, we verbally agreed that I could stay in his house until it was sold, after which I would receive money to help me get on my own. I have witnesses to this agreement. How should I proceed with... View More 
answered on Apr 11, 2025
This is a complex question. First, Colorado has what's called a "Dead Man's Statute" that limits testimony regarding a deceased's verbal agreements. However, if you have independent witnesses, you may be able to get around that.
Second, Colorado has a "Statute... View More
In El Paso County, Colorado, my neighbor entered my property to retrieve his loose, aggressive dogs, which have been involved in biting incidents and damage to livestock. When I asked him to leave, he was verbally aggressive. Despite calling the sheriff, I was told that he was not trespassing... View More
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answered on Apr 12, 2025
In Colorado, trespassing laws are nuanced and depend on the circumstances. Generally, entering someone else's property without permission is considered trespassing. However, there are exceptions, such as retrieving personal property. In your case, the neighbor entered your property to retrieve... View More
I have read the following: Does the decline clause—"If the neighbor decides not to contribute, they forfeit any future rights to use the fence or share the cost of maintenance."—also apply to fence repair or replacement? I haven't sent a notice to my neighbor yet and am seeking... View More
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answered on Apr 13, 2025
Based on Colorado fence law, the application of a "decline clause" to fence repair or replacement presents nuanced legal considerations. Under Colorado's fence law (C.R.S. § 35-46-112 through 35-46-114), adjoining landowners generally share responsibility for boundary fences. The... View More
I have lived in a four-plex for four years. Since new owners acquired the property in January, there have been no inspections or pest control. Despite reporting a cockroach infestation, the owner is asking me to move out by the 30th without a formal court eviction notice, while other tenants... View More
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answered on Apr 11, 2025
What you’re going through is upsetting, and it’s understandable to feel pressured, especially when you’ve reported a serious issue like a pest infestation. In Colorado, a landlord cannot legally remove you from your rental without going through the formal eviction process in court. Simply... View More
I am the sole shareholder of a C corporation that owns a townhome in Colorado Springs, purchased in 2016 for $177,000 and now valued at approximately $330,000. Initially a rental property until 2020, I have been living there since then, paying rent to the corporation. Given the limitations with... View More
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answered on Apr 12, 2025
Transferring the townhome from your C corporation to personal ownership involves a few important steps and tax considerations. Since the townhome has appreciated in value, any transfer may trigger capital gains taxes on the increase in value. One option is to sell the property from the corporation... View More
I signed a lease on September 15, 2024, which states that I acknowledge the receipt of any disclosures required by federal, state, and local jurisdictions. However, I did not receive any disclosures, including those related to radon, lead-based paint, bed bugs, or income non-discrimination. My... View More
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answered on Apr 12, 2025
In Colorado, landlords are required to provide tenants with a radon disclosure before the lease is signed. If this disclosure was not provided to you before you signed the lease, it may be a violation of state law. The law specifies that a tenant may have the right to void the lease if the required... View More
My landlord required me to allow her to take a picture of my Cash App card and gain access to my account details, including my routing number. I didn't feel comfortable doing so, but she insisted it was necessary. There is no mention of sharing financial information in my lease agreement. I... View More
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answered on Apr 12, 2025
It is not standard practice for a landlord to ask for access to your Cash App card or account details, and it could be a violation of your privacy and security. No landlord should have the right to access your personal financial accounts unless you have explicitly agreed to it in writing, such as... View More
I removed the garage from my property, intending to rebuild on the same site. However, I discovered that the neighbor's private sewer line runs through this location, under the old garage foundation. I own parts of lots 1 and 2, and the sewer line seems to follow the original property line... View More
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answered on Apr 12, 2025
You have the right to ask your neighbor to relocate the sewer line if it runs through your property without an easement. Since there are no recorded easements, the sewer line may be considered an encroachment on your property. In general, without a formal agreement or legal right to use your land,... View More
I completed a two-year lease with my previous landlord in December. During the final walkthrough, attended by my wife and a friend of the landlord, she mentioned needing to replace a curtain and clean the carpet. We agreed to these changes, and had a $1200 security deposit. Now, she is demanding... View More
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answered on Apr 13, 2025
The landlord’s demand for $40,000 without a formal invoice is highly concerning. You have the right to request proper documentation for any claimed damages or renovations. A word document created by the landlord with random amounts is not sufficient evidence of the costs, and it is reasonable to... View More
We have a state park and ride area within our town limits in Colorado. We have permission from the state to tow vehicles from that property. There hasn't been any signed agreement between our town and the state. Local ordinances state that it's the owner’s responsibility to pay for... View More
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answered on Apr 13, 2025
Since the park and ride area is state-owned and the town has been covering towing expenses for abandoned vehicles, it’s understandable that you want to know if you can bill the state instead. However, the lack of a formal agreement between the state and the town complicates this situation. In... View More
I am the sole legal representative and administrator of my deceased father's estate, which includes lands held by my family for generations. A woman falsely claimed to be married to my father to gain inheritance rights, supported by what I believe are invalid legal documents. Furthermore,... View More
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answered on Mar 18, 2025
If you are the administrator with letters then you are not doing your job. Do you have an attorney? Apparently your lawyer is going to need to file various actions in various Counties for ejectment, quiet title, unlawful detainer and/or conversion of mineral proceeds. Many SOLs apply and are... View More
I jointly own some town lots with my ex-wife after our divorce in 1990. I want to know if there's a way to remove her name from the deed, considering I've been paying the taxes on them for 30 years and their estimated value is around $1,000. There haven't been any court orders or... View More
answered on Mar 11, 2025
You ask an excellent question!
I am assuming that you acquired these properties with your ex-wife after the divorce was complete. Since you have been paying taxes for about 30 years, I am guessing that the properties were purchased around 1995 (about 5 years after you stated the divorce was... View More
We would like to gift 2.5 acres (undeveloped) of our 5 acre lot (which has our home and a large shop on it) to our son and his wife. Right now we are zoned RR-5; we know we will have to go to the county (it is on county land) to try to rezone. We wonder how gifting 1/2 the property might impact our... View More
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answered on Feb 1, 2025
Most mortgages/deeds of trust have a due on sale clause, so you cannot deed it to anyone without the lender's consent. His tax basis is the same as yours if you deed it now while your living, but he gets a stepped up basis at your death as an heir. Hire a CO attorney to advise.
I have reports from the website Ownerly in PDF form that support my claim.
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answered on Oct 28, 2024
Hire a CO attorney to search the title, determine heirship, and give his opinion as to ownership. Taxes, adverse possession, etc. may have terminated your estate interest.
I am the investor.
answered on Oct 4, 2024
I'd need a bit more information than what's here, but with new construction in particular, this issue would typically be covered by an express warranty if construction was completed, or potentially punch list if construction is just finishing. Absent an express warranty, or if it existed... View More
After having a survey done I found 2 Correction Deeds, by Grantor and Grantee, from 2009 and a 2010 Warranty Deed with a detailed description of my land. There is a missing ALTA ACSM survey that answers all.
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answered on Sep 9, 2024
What is your question? Apparently noone searched your title. Without a transfer, there is no way to incorporate a proper legal description of record unless you record an approved subdivision plat.
I am 84 with some cognitive issues, I am in CO, home is in Florida
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answered on Sep 2, 2024
Even if you like the sale price, there is no guaranty that you will get paid. Hire a local FL attorney to handle the exchange of your signed deed for cash to be sent to you. I would not trust an individual to send you money nor a title co.
50/50 owned home was sitting empty. Both on loan.
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answered on Jun 24, 2024
The real question is was the property subject to the division order when you got divorced or not. If not, then you may be able to pursue a partition action to force the sale of the property. If so, then you may need to follow the court's order and follow up with contempt proceedings. Either... View More
I have a deposition approaching can I ask which questions will be asked ahead of time?
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answered on Jun 19, 2024
It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.
That being said, there are very limited instances where your attorney may stop the... View More
We have absolutely no idea where all the money is going. There are 16 families, nothing is ever repaired, grounds are a mess, etc.
How can we go about requesting detailed receipts for everything?
Our bylaws and covenants have never been enforced either.
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