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Colorado Land Use & Zoning Questions & Answers

1 Answer | Asked in Land Use & Zoning for Colorado on

Q: I live in Pueblo County and have land that is directly west of me and has been purchased and surveyed by the buyer.

He states my fence line is on his property. The fence has been in place for over 18 years and would fall under Article 41 of Colorado Revised Statutes 2016 TITLE 38. It would seem to me that the property in question would be mine under adverse possession. What would I need to do to prove this?

Donald C Eby answered on Apr 23, 2019

You should contact an attorney to discuss bringing a Quiet Title Claim based on Adverse Possession.

1 Answer | Asked in Land Use & Zoning, Civil Rights and Landlord - Tenant for Colorado on

Q: Does mngmnt have the right to go on to our property, or, at wat point can code enforcement just go without notice?

The manger is trying something stuff to us that isn't right

Donald C Eby answered on Mar 31, 2019

Code enforcement is outside of the control of your landlord.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on

Q: I am researching the Colorado rent control ban. How do I find out about the original court case that it came from?

I know if happened in Boulder in 1980. but I cannot find any other information. I would love to know the name of the case, and even some details about who brought it to court, and how the decision was made. Do you have any advice on finding this kind of information? Thank you!

Timothy Canty answered on Mar 5, 2019

The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below.... Read more »

1 Answer | Asked in Land Use & Zoning for Colorado on

Q: Can a utility company put anchor cables in a right of way that partially impedes access to my property.

This is a follow up to a previous question, with better clarification. Two utility companies share a utility pole that is on the property line between me and my neighbors. The pole is not a problem. However, there are three cables, or guy wires / anchor wires, that stretch from near the top of the... Read more »

Donald C Eby answered on Feb 22, 2019

If there is no easement you should have an attorney send a demand letter to Century Link. This will ultimately force CenturyLink to prove it has a right or move the cables at its expense.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on

Q: Does a utility company need an easement for a utility pole anchor wire that prevents access to my carport?

I have an alley-accessed garage and carport. There is a utility pole on the property line between me and my neighbor. Two guide wire/cables are anchored about 10 feet from the pole, in the direction of my property, at roughly a 30-40 degree angle, to the pole. As a result, the cables prevent... Read more »

Donald C Eby answered on Feb 6, 2019

Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.

If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action and...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Colorado on

Q: I wan to finish off a fence between my backyard and a portion of my neighbors backyard.

There is an old post fence that I would like to replace with a privacy fence between my backyard and a portion of my neighbors front yard. It would be a property line fence. Does Colorado Title 35 article 46 section 112 require my neighbor to share in the cost burden of such a project? Or would... Read more »

James Alan Greer answered on Jul 16, 2018

Dear Fence Line Property owner: The section you cite is pertinent to "agricultural or grazing lands". While you didn't make a distinction in your question, the legal authority supports your desires only if you are speaking about agricultural land. Here is the citation:

Universal...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on

Q: I live in a wildfire prone area backing up to undeveloped, bank owned land . Can I get the bank to mitigate that land?

Land has a large amount of beetle kill. The neighboring properties are all mitigated but the bank land was not sprayed for beetles and now contains a large amount of fire fuel. Is there preliminary action that can be taken, if there is a large fire, is there any negligence on the bank's part?

John Roland Lund answered on Apr 4, 2018

You could file an action for nuisance abatement. That suit would be filed against the bank on behalf of you, and other adjacent owners. You might try having a lawyer write a letter on your behalf first. If the bank responds to that, it would be less time consuming and less costly. Still, the... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Colorado on

Q: Is pressing charges on a landlord the only/best approach?

Hello. So I recently moved into a new house with a new landlord and new roommates. We each paid 500 upfront for first months rent and each paid 500 for a deposit. We all signed the lease and lease was sent to our parents as cosigners. The following day, a cosigner (mine) who was set to return from... Read more »

Tristan Kenyon Schultz answered on Feb 1, 2018

From your facts it is acceptable for the landlord to "terminate" the agreement (technically no complete agreement was reached). However, the landlord must return all money (since no lease agreement was created). If the rental was occupied (even for a short duration), the landlord can deduct a... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on

Q: What legal action can I take for misrepresentation of a newly-purchased home?

My question is regarding the purchase of our new condo. The realtor told us on two separate occasions that the fenced-in yard was shared between us and the owner next door. Last night, the renter of that unit abrasively told me that is not a shared space, it belongs to her unit only. Had we known... Read more »

John Roland Lund answered on Jan 14, 2018

It appears the broker is the listing broker as opposed to someone you retained specifically to represent you as the buyer? Assuming that is correct, the listing broker is not your fiduciary and not responsible for your best interests. Rather they represent the seller. They are nevertheless... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Colorado on

Q: How do you evict someone from an assisted living house?

They have not paid rent, they are not following the rules, there is violence and threats.

Tristan Kenyon Schultz answered on Jul 17, 2017

Barring special issues for an health related concerns, you should be able to use the standard eviction process. If you have a lease agreement, refer to this. If you don't or the lease does not cover all aspects of the eviction, the default rules listed the Colorado Statutes apply.

If you...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on

Q: what does it mean when the city is going to Abate your property?

Tristan Kenyon Schultz answered on Jun 9, 2017

In a general sense, abatement means that something is reduced or waived. If there is a tax abatement by the city it should mean that the property tax is reduced. Abatements can also apply to nuisance issues (i.e. a property owner needs to quite-down). Abatement is sometimes used by some cities in... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on

Q: County Planning Administrator is requiring us to meet PROPOSED floodplain codes for a garage.

Our property is not currently in a floodplain. It is in a PROPOSED FEMA floodplain. The County Planning Administrator is using the proposed map to determine our building code. We will have to elevate our garage as well as add flood vents even though our property is not currently in a floodplain.... Read more »

Tristan Kenyon Schultz answered on Apr 28, 2017

Consulting a real estate attorney is likely worth the effort. Planning commissions can have a life of their own (not always in a good way...). The proposed classifications may not be legally binding and/or you may be able to get an special exception for the garage. At minimum, you can have a lawyer... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Colorado on

Q: In Colorado, is it legal for a landlord to use hidden cameras to capture me, the tenant, without my knowledge?

This landlord is a business owner and shared the space with me. In my lease it states that I was not to smoke anything indoors. I am a cigarette smoker of about 15 years now. I do NOT smoke inside because it sticks in everything and absolutely will not. I do not throw my butts on the ground because... Read more »

Tristan Kenyon Schultz answered on Nov 8, 2016

Without seeing the area I cannot say for certain, but you likely have no reasonable expectation of privacy in a public or outside area. There is nothing improper or illegal in filming a public space. As for private property, the answer gets a little more complicated. Unless the filming is in a... Read more »

2 Answers | Asked in Animal / Dog Law, Real Estate Law and Land Use & Zoning for Colorado on

Q: My neighbor has 2 horses, 5 alpacas and 3 dogs. I do not think her property is zoned for this. What can I do?

Her animals are noisy and smelly. Feces runs into a creek nearby. Dogs bark all through the night.

Tristan Kenyon Schultz answered on Oct 15, 2016

Contact the city. A zoning violation is not a civil matter that you can litigate yourself (there are some exceptions).

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on

Q: Can a residential property have separate owners for the land versus the buildings?

if i have a house in a typical ownership and want to get some of the equity now by selling the land and putting the house into a land lease deal, like in commercial or condo property, can i do that here in Colorado?

Tristan Kenyon Schultz answered on Sep 6, 2016

It is possible to alienate parts of a fee simple property in Colorado. What you are proposing is complex and you will need to contact a real estate attorney. Some basic issues are: (1) zoning; (2) financing from a lender (especially difficult if you have an existing mortgage); (3) drafting an... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Colorado on

Q: Is there anything we can do if we have paid back taxes on a property and have continued to pay to get a deed?

We have a property that my wife's parents bought and started building a house on. But they gave up paying the taxes and the property went up for an auction unless back taxes were paid. My wife and I paid the taxes and have continued to pay them. My wife's father has signed over his part of the... Read more »

Tristan Kenyon Schultz answered on Jul 30, 2016

You will need to contact a real estate attorney directly for advice with your situation. As a general rule, paying taxes and receiving the father's share give you an interest in the property. The mother can force a sale, but you can offer to purchase her portion. If nothing else you should receive... Read more »

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