Colorado Land Use & Zoning Questions & Answers

Q: Selling broker&owner&did not disclose flooding in the basement. We have had 3 floods in the past 4 ms,she knew,pls help!

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Colorado on
Answered on Aug 3, 2018
Donald C Eby's answer
This is called Fraud. You likely have a claim against the seller and may have a claim against her and even your broker. You should contact an attorney to help you bring this case. If you used a Broker and the Colo Real Estate Commission forms then in addition to your damages you may be able to recover attorney fees.

Good Luck!

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

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Jul 16, 2018
James Alan Greer's answer
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 Citation: CO Rev Stat § 35-46-112 (2016)

Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each...

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Answered on Apr 4, 2018
John Roland Lund's answer
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 letter would be demanding that the bank abate the nuisance being caused by the excessive fuel load on its property.

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

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Colorado on
Answered on Feb 1, 2018
Tristan Kenyon Schultz's answer
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 reasonable pro rata daily rental fee. Beyond that , the landlord is clearly violating Colorado law.

You can send a letter (with or without a lawyer's letterhead) requesting a full refund....

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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Jan 14, 2018
John Roland Lund's answer
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 obliged to give you honest and accurate information about something like the boundaries of the property and the rights to share certain spaces. From what you say, this was a material aspect of the...

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

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Colorado on
Answered on Jul 17, 2017
Tristan Kenyon Schultz's answer
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 need specific advice or oversight with the eviction process you will need to contact (and likely hire) an attorney.

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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Jun 9, 2017
Tristan Kenyon Schultz's answer
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 relation to zoning restrictions (aka special use exceptions). As you can see, abatement can mean a lot of things. I you have questions contact the city and/or review any communications you have...

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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Apr 28, 2017
Tristan Kenyon Schultz's answer
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 review the situation and give an opinion. Many attorneys offer free consultations, but if you want a detailed review you may need to pay a couple hundred dollars. Depending on the challenge, the...

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

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Colorado on
Answered on Nov 8, 2016
Tristan Kenyon Schultz's answer
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 bathroom or potentially an area that is not generally viewable from a lawful private or public location, the area is likely open to filming. The US and Colorado have very weak privacy laws...

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?

2 Answers | Asked in Animal / Dog Law, Real Estate Law and Land Use & Zoning for Colorado on
Answered on Oct 15, 2016
Tristan Kenyon Schultz's answer
Contact the city. A zoning violation is not a civil matter that you can litigate yourself (there are some exceptions).

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Answered on Sep 6, 2016
Tristan Kenyon Schultz's answer
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 agreement to limited ownership; and (4) finding a buyer (most buyers and their lenders will not accept limited ownership).

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?

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Colorado on
Answered on Jul 30, 2016
Tristan Kenyon Schultz's answer
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 a portion of the profit from the sale. If you haven't already, make sure to use the material you have to get on the deed of the property.

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