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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: Accord and satisfaction of an easement agreement.

We have an easement agreement for $10.00, which included crop damages and repurposing of soil. This was signed in 2018.

The check has no specific language on it. However, a letter sent with the check was subsequently sent for $30000 and language in the letter states, " this is for... Read more »

Donald C Eby
Donald C Eby answered on Mar 15, 2021

Sue you have a lot of good questions and a lot at risk. The short answer is yes cashing the check could put you at risk. But, I certainly do not know all of the facts as related to you issue. So, I recommend that you contact an attorney to have a discuss so that you can fully understand your... Read more »

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Rights for Colorado on
Q: What can I do to be able to install a more suitable fence for my special needs child? When HOA has fence regulations.

I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »

Donald C Eby
Donald C Eby answered on Mar 6, 2021

You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.

1 Answer | Asked in Real Estate Law for Colorado on
Q: How to remove a lis pendens for my property in Colorado?

My x sued me for a dissolution of marriage claiming common law marriage. I filed a motion to dismiss and I won the ruling was that there was no marriage. Now there is a Lis Pendens against my property that my x's lawyer had put there while the case was going on. I am trying to re-finance and... Read more »

Donald C Eby
Donald C Eby answered on Feb 26, 2021

No a Lis Pendens does not automatically fall off. You may have to sue in Quiet Title to get this resolved.

2 Answers | Asked in Real Estate Law for Colorado on
Q: How do I find out if my brother's estate went through probate in Alabama and if property we owned jointly was included?

My siblings and I own property in Colorado together with our now deceased brother. However, we don't know if our brother's wife and/or children still have rights to the property. We'd like to get our brother off of the deed. How can we tell if it went through probate already as... Read more »

Timothy Canty
Timothy Canty answered on Feb 24, 2021

Check ownership of the Colorado property with the county assessor. If it was held as tenants in common, his share passes to your brother's estate and whatever arrangements he made. If it is held as joint tenants with right of survivorship, his interest expired upon his death and the... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: What remedies are available for an owner of a land locked parcel who would like to gain vehicle access to the property?

I am interested in purchasing a patented mining claim. The seller has obtained a right-of-way easement from the NFS but it adjoins another private parcel. The seller has been unable to obtain a right-of-way easement from the adjoining private property owner due to lack of response. Can the... Read more »

Donald C Eby
Donald C Eby answered on Jan 30, 2021

Can the existing easement be modified? Maybe.

Can adjoining property owners be forced to allow and ingress/egress easement? Maybe.

Certainly a landowner has the right to have access to his property. However, gaining that access can be a complicated legal process if the adjoining...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: If my ex and I are found not to be common law. What happens to the property? I want to keep my house. I pay for it.

I live at the residence with my two children and pay everything. He surrendered property

Sabra M. Janko
Sabra M. Janko answered on Jan 26, 2021

If you are not married, then the house will belong to whomever it is titled.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I have rented my house for 33 years. My Father left it to me in a revocable trust .

Can I or my Husband buy the house out of the trust? And how can we find out the mortgage balance? The attorney handling the trust is not very responsive to my questions.

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2021

Hire a competent attorney to search the title, then make an estimate of the mortgage balance, if any. Once you know the title and probable encumbrances, make a written offer to the Trustee.

1 Answer | Asked in DUI / DWI, Real Estate Law, Car Accidents and Wrongful Death for Colorado on
Q: My wages are being garnished due to a criminal/civil lawsuit. If I buy a house, could it be taken from me?

I was convicted of vehicle homicide/DUI in 2008. My friend died and his family sued me for $20 million. My wages are garnished at 25% after taxes.

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2021

You need to talk to a competent attorney about asset protection and exemption rights in whatever State you are going to live in. The exact Deed Grantee will be critical, and you need that lawyer to tell you what to do. Sometimes trusts are useful, but probably not here. The lawyer's... Read more »

1 Answer | Asked in Real Estate Law, Criminal Law, Estate Planning and Probate for Colorado on
Q: Hello, is there anything I can do for an estate that was stolen by false signatures.

Mother may have left money to me but stepfather is keeping it or stole or the same with my little brother

Sabra M. Janko
Sabra M. Janko answered on Jan 17, 2021

If you can establish fraud, then you may have recourse. You can report this to the police as financial fraud is a crime. You could also hire a criminal attorney who could have a private investigator look into the matter.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: My parents are living in their own home and are both listed as owners. Do you recommend a trust? I am their son.

They refuse to draw up a will. I want to do everything possible to insure that their home and assets are protected from the government.

They are 88 & 91.

Timothy Canty
Timothy Canty answered on Jan 6, 2021

There many ways to do this including a trust. The simplest and cheapest way is to have them execute and record a beneficiary deed to their heirs. The heirs would have no present interest in the property, but upon the death of the last one, the home would pass to the heirs by operation of law and... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: When/how should an easement be disclosed by sellers or title company? Are easements strictly the buyers responsibility?

Easement was not disclosed by owners. Easement was noted in single document received at the closing table. No details given, only naming who easement was granted to, and skimmed over. After much research easement is .25 acres of property restricting use substantially (we can plant grass, no... Read more »

James Alan Greer
James Alan Greer answered on Dec 18, 2020

Dear Buyer: If I understand your description of the facts, your Seller had knowledge of an Easement for sewer line across the Subject Property which restricts your expected use. A claim against the Seller is called "Failure to Disclose" and is in the nature of a fraud claim. The... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: My title company is asking me to indemnify them from any outstanding bills from our new home builder, subs, etc. Legal?
Anthony M. Avery
Anthony M. Avery answered on Dec 15, 2020

It appears that the title company does not trust your builder. You might wish to consider either obtaining another contractor or another title company, or both.

2 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?

I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.

Donald C Eby
Donald C Eby answered on Nov 30, 2020

It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: If you are are partial owner on a property title, can you be sued for the full equity in the property?

My mother in law needs to be a partial owner to occupy a condo I own. She got in a car accident 1 1/2 years ago and the claim has not been closed. I am worried about putting her on the title (even at 1% ownership) with the claim still pending.

Donald C Eby
Donald C Eby answered on Nov 16, 2020

You should be concerned. If she is an owner. This creates an asset from which the creditor from the car accident could levy to force payment of the debt. It is a lot more complicated than that, but you should consult an attorney before simply filing a Quit Claim Deed to add anyone to title to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have to pay for gas, sewer, etc but my apartment complex is double charging sometimes triple charging.

When I go into the office to try to fix the issue she becomes irate, and comes off like I'm crazy I've tried calling corporate no answer what do I do?

Sean Maye
Sean Maye answered on Nov 11, 2020

What you are required to pay for depends on what your rental agreement says. A lawyer would need to review that agreement and compare it next to the landlord-tenant laws to best assess your rights. Generally speaking, however, you never be double-charged or triple-charged for anything and you... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Colorado on
Q: Can property staff add rules not in the lease? Tenants now have to show ID to enter & exit the open layout apt. complex
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 31, 2020

When you sign a lease it is common to have a provision that you will abide by the Association/Complex/Building Rules. These can be modified at any time without changing the terms of your lease. If the rules now provide that ID must be shown, then under the terms of the lease you must abide by the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Real Estate Law for Colorado on
Q: can i get out of an easement agreement house sold 1 mo ago way too binding on my use of my own property Sara Passarelli
James Alan Greer
James Alan Greer answered on Oct 18, 2020

Dear Property Owner With Easement: A standard easement is a recorded document that is binding on both owners (both the "servient" and the "dominant" parcel owners), and an easement "runs with the land" (meaning, attaches to the property and impacts all future owners... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: I have rented the same house for 7 years. We just signed a lease ending sept 2021. It just came to our attention that

the house is deed restricted and therefor the landlord is in violation of the deed restriction by renting the house out. He is putting pressure on us to buy and we are looking into it, but he says if we don't soon he will put the house on the market and we are going to have to move out. Is... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

Probably true. But you will need an attorney if you contest. Its a cost benefit analysis. To purchase, contest or move - those are the questions. If contest then see an attorney in the county where the property is located.

2 Answers | Asked in Real Estate Law for Colorado on
Q: If the seller and their RE agent were aware of foundation issues, are they legally bound to report them?

Seller was executor, however we also learned for the past 10 years they have been the sole caregiver for the property (replacing roof, electric, etc). We came across someone previously under contract who provided the estimate they received for foundation work. Are they legally bound to... Read more »

Donald C Eby
Donald C Eby answered on Sep 29, 2020

Withholding knowledge of a material defect like an expensive foundation issue from a potential buyer could subject the Seller to triple damages in a lawsuit. If you are the buyer you should contact an attorney ASAP.

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