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Colorado Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Colorado on

Q: Is it legal for a property owner to adjoin his gravel driveway onto our existing private paved drive without permission?

A property owner's land abuts our property. Between our paved road and this neighbors property lies our drain swale and right-of-way. Without our permission, he presumed to dump a load of gravel to build his own access onto our private, paved road. He is now damaging the edge of our pavement when... Read more »

Donald C Eby answered on Jun 18, 2019

You should contact an attorney to review the facts. A neighbor like this may respond to an attorney's demand letter explaining that if he continues his current action he will be sued, he will lose, and it will be expensive for him. Or he may not and you may have to bring the lawsuit to prevent... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: Need help with a real estate contract for my 84 year old mother in law. Listing period has no dates. Can we cancel?

The sellers agency contract has no dates in the listing period of the contract, section 3.6.. We are unhappy with the performance of the agent can we cancel after 45 days of being on the market but no term was ever entered. Both parties signed the agreement. This was the only data missing and no... Read more »

Donald C Eby answered on Jun 16, 2019

LIkely yes. But, most brokers are willing to grant a mutual termination of the seller is not happy with their performance rather than risk a lawsuit. If the Broker is uncooperative your Mother-In-Law should bring the listing agreement to an attorney to evaluate and likely send the broker a demand... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: I plan to purchase a home in CO with my (adult) child, splitting the down payment, mortgage, and all costs 50/50.

I'll be contributing cash and she'll be securing the mortgage, but I'd also like to be on the deed. Can this be done without my name on the mortgage loan? Also, if I should die, can my 50% be automatically split between the child I co-own the property with and my other (adult) child? Is there a... Read more »

Donald C Eby answered on Jun 16, 2019

You definitely should be named on the Deed, to protect your investment. Yes, you can obtain a mortgage obligating only one individual but take title to the same property in the name of two individuals. You risk that you will be wiped out should the lender need to foreclose.

You'll need to...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: What is a liability for really old sewer lines that are still functional?

I'm selling my really old house, the pipes are 100 year old clay. We live next to a university whose land are pipes cross. They burst on their property twice and have been repaired and replaced, but from that point on it is still the original pipe to the house. Well they haven't taken any legal or... Read more »

Donald C Eby answered on Jun 12, 2019

Disclosure is your best answer here. You don't have to fix the pipes if you disclose. Not fixing and not disclosing is risky.

2 Answers | Asked in Real Estate Law for Colorado on

Q: What if neighbor violates terms of an easement in CO?

Our neighbor has planted trees and bushes directly over our sewer lateral, which crosses his property on an easement. The easement agreement says, "the covenants and agrees (i) not to construct, install or maintain any structures or fixed improvements within, over or upon any portion of the... Read more »

Donald C Eby answered on Jun 11, 2019

You don't have to wait for the trees to damage your lateral lines. You can demand that they be removed now. If your neighbor refuses your request I recommend that you contact an attorney who can send the neighbor a demand letter outlining the law supporting your position and the additional... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on

Q: We've had a verbal lease agrmt for 4out of 6yrs. He verbally agreed to rerent in Jan for 7/19-7/20. Now he's backing out

We have rented from the same gentleman since 2012, he lived out of state until last year. In Jan we had to change internet providers. He said to put it in my name as we would be releasing again. I asked specifically because I didn't want to sign up for a 2yr agreement if he wanted us to move in 6... Read more »

Donald C Eby answered on Jun 10, 2019

If you refuse to return possession the LL will determine if he want to initiate an eviction action. If he does then you will want to show your evidence to the Judge in hopes of creating a contract through March of 2020.

You may consider having an attorney draft a demand letter to your LL...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: He is named on the lease but I am not. He moved and I continue to pay rent online. What are my legal obligations?

I have been paying the rent in my name for the entire year. They have not said anything about it. His lease ends in 6 weeks and I am moving out at the end of his lease. If he comes back to live here and does not pay money for future rent can I be taken to court for eviction/ or sued for anything in... Read more »

Donald C Eby answered on Jun 9, 2019

If you are not on the lease you have no obligations to the Landlord.

Good Luck!

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2 Answers | Asked in Divorce and Real Estate Law for Colorado on

Q: My ex-wife was on my deed under her maiden name but filed a quitclaim deed under her married name. Do I need to amend?

I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need... Read more »

Donald C Eby answered on Jun 4, 2019

It is a little difficult to clearly understand the chain of title here. But, generally the seller must sign exactly as he or she took title. If that did not occur the title company may refuse to issue a title policy for a transaction now. The only way to cure is to file a corrective deed which... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Colorado on

Q: If a seller agent misrepresents portions of a builder contract on a sale, can buyer cancel and have earnest returned

1. Buyer did not know deposit was listed as non refundable and seller agent presented contract on a way that made it seem as thought they had a 30 day review period to terminate and receive funds back, was also represented that HOA doc concerns were included as termination right under 30 day review... Read more »

Donald C Eby answered on May 26, 2019

If seller (or seller through is agent) misrepresented the terms of the deal or otherwise mislead you into signing a contract you may have a right to terminate and demand your earnest money back.

But, your rights will be dependent upon your ability to prove the misrepresentation. I...
Read more »

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1 Answer | Asked in Real Estate Law for Colorado on

Q: How do we get the name of a financial lender off of the deed when the property is paid.

Our church bought 4 pieces of property. The first two we got financing on our own. The next two we got financed through a larger church organization that absorbed the first note and spotted us the money for the next two. We have since paid the loan off in full but the deed lists us and the other... Read more »

Donald C Eby answered on May 9, 2019

The lender will need to release it's claim. The type of security that was provided for the loan will determine the type of filing that needs to occur to release the claim.

This is likely a valuable property and worthy of retaining an attorney to ensure that the Church has full and complete...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: what notice should be given to terminate a month to month lease after 9 years renting a private home in Colorado.

I believe it should be 90 days after 1 year

Donald C Eby answered on Apr 25, 2019

The notice requirement is not based on the length of time that the tenant has been in place. The notice requirement is based upon the type of lease in place.

If you have a month to month lease the Notice requirement is 21-days prior to the end of the current lease term.

Notice is...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: how do i add a parcel number to a filed qcd that only has the address?

Donald C Eby answered on Apr 16, 2019

You'll need to file a corrective deed.

1 Answer | Asked in Real Estate Law for Colorado on

Q: Can a property manager change a lease after it is signed by all parties?

I have a new lease that was signed by both lessee and lessor on April 1st allowing a move in date of April 12th. Now the property manager is saying the last tenant is staying month to month and we can't move in until the 30th. The old tenant gave notice to move, do they have a claim to lease the... Read more »

Donald C Eby answered on Apr 4, 2019

Do you want to sue the landlord to enforce your contractual rights?

1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on

Q: a borrower has the right to prepay the principle amount in whole or part of without penalty except with consent of note

Holder,who may require compensation for adverse income tax consequences of such early payments. what is a borrower to say or do if note holder ask the borrower for alot of money ?

Donald C Eby answered on Mar 15, 2019

Either the borrower has the right to pre-pay without penalty or he does not. This should be defined in the terms of the Promissory Note. Lender does not have the right to unilaterally change the terms or demand more. If there is no written promissory note - Lender likely does not have the right... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: What document is there to show that myself and my brother are heirs of our great grandfather.

My great grandfather received a land patent in 1902 and we want to show that we are his heirs for a dispute we are having concerning him and his patent.

Donald C Eby answered on Mar 10, 2019

This will depend on what documents your Great Grandfather, your Grandfather, and your Father have left WRT designating their heirs or the results of the probate of their estates.

As this goes back 4 generations an you are obviously attempting to take property from someone who believes...
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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 Real Estate Law for Colorado on

Q: I am on a lease that terms may 5th and requires a 60day notice. They are forcing a remodel to the unit to be done.

They are making us find a place to live while we store all our belongings in our garage while they renovate for 14 to 18 days. But are saying we have to pay for the full month of rent Still. Is this legal to make the tenant pay for rent while making them leave for renovations???

Thank you.

Donald C Eby answered on Mar 4, 2019

There is likely some LL abuse occurring here. I recommend you contact an attorney to draft a demand letter to be sent to the LL asserting your rights of sole and exclusive possession.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on

Q: If an estate has not been filed for more than five years after the death, is that legal?

My mother in-law helped us secure a mortgage for a home we shared with her. The loan is only in her name. We have paid for ever bill in association with the property and loan. Now my father in-law who doesn’t and hasn’t lived with us discovered the equity is in our home is sizable and is... Read more »

Donald C Eby answered on Feb 28, 2019

Ultimately, someone will have to Probate the Mother's Estate. If you have a lot of equity at stake I recommend you talk to an attorney to protect you in this process.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Colorado on

Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

my mom committed adultery and left the marital home owned in joint tenancy 6 years prior to my dads death, my mom passed away 6 years later, both names are still on house deed/mortgage, they have 3 adult children, (neither had a will) moms boy friend claiming common law husband is trying to take... Read more »

John Hyland Barrett III answered on Feb 28, 2019

Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Colorado on

Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

I had a contract with my ex property management which stated the tenants who live at my home were supposed to be responsible for damages they caused to my home and the tenants were supposed to switch the metropolitan water, sewer and trash to their name and they never did. She robbed me and nobody... Read more »

Donald C Eby answered on Feb 15, 2019

You should initiate a breach of contract suit in Small Claims Court.

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