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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: mom died 3yrs ago. I was in prison. how do I transfer the deed before the county sells it for back taxes?

my mom died 3 years ago. she owned her home with no mortgage. The house has been somewhat vacant. (occasional squatters) and boarded up. (by the county)? Its due to be sold by the county in oct for taxes. the tax amount is only 300. She is the only name on the deed. The house is worth nothing.... View More

Donald C Eby
Donald C Eby
answered on Jul 22, 2018

Transfering the deed will not stop the tax sale. Why don't you just pay the taxes?

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... View More

James A. Greer
James A. 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:... View More

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3 Answers | Asked in Real Estate Law for Colorado on
Q: In CO , can a new owner deny access to a 3rd party previously allowed use of land to access 3rd party's own land

3rd party has been using subject property to access his land. I want to purchase subject property and deny access to 3rd party. There are alternate documented easements that 3rd party could use.

John Roland Lund
John Roland Lund
answered on Jul 16, 2018

Such access rights can arise through various ways, contract, deed, course of dealings, etc. And they are usually consider to "run with the land." That means that the seller's conveyance of the property to you would be subject to whatever valid and enforceable rights to access... View More

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2 Answers | Asked in Family Law, Real Estate Law and Landlord - Tenant for Colorado on
Q: Does boyfriend have a right to my house? Are we considered common law

We have been together 8 years. 2 years in living together I bought a house. He had no part in the purchase. Down payment came out of my 401K. I also refinanced house on my own a couple of years ago. We do not present ourselves as married, do not file taxes together, do not bank together. Only... View More

Donald C Eby
Donald C Eby
answered on Jul 16, 2018

You should start the eviction assuming a verbal month to month which requires a 21 day Notice.

He will then decide whether to fight the eviction by claiming common law marriage. You should have an attorney who is ready, willing, and able to fight that battle.

Good luck!

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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: Question on Retail Lease

I am a small business owner that has a five year lease with two additional five year lease options. We are currently coming to an end of our first five year lease option and will expire on January 31, 2019. We have informed landlord that we would like to exercise our second five year lease option... View More

John Roland Lund
John Roland Lund
answered on Jul 14, 2018

Your option to renew is an enforceable contract right. So long as you have complied fully with the notice requirements and are not in default on the lease, it is your unilateral right to renew at the rates set by the lease.

If your position is valid then if you remain past the end of the...
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1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My common law husband wants to kick me and my kids (not his) out of the house. The house is his. What are my rights?

I have been paying rent and utilities.

Timothy Canty
Timothy Canty
answered on Jul 13, 2018

At present you have no rights except possibly as a month to month tenant. If you are indeed married and you file for a dissolution of marriage, you may have rights to marital property and maintenance. This can be a complicated question and you should confer with a family law attorney.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Who is responsible for an HOA assessment when selling a condo?

The assessment is not yet "on the books" but has been discussed in HOA meetings

John Roland Lund
John Roland Lund
answered on Jul 13, 2018

This is a material fact which the seller must disclose, even though the assessment may not actually be made until after the closing of a sale. Best to make the buyer aware and negotiate accordingly. If the assessment is for future needs of the HOA, the seller has a pretty good case that the... View More

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for Colorado on
Q: What type of lawyer is needed to help fight a mechanics lien placed on your property
James A. Greer
James A. Greer
answered on Jun 29, 2018

Dear Mechanic’s Lien Defendant: in reply to inquiring about the type of attorney, you should employ an attorney whom has experience in your local jurisdiction in construction litigation, more specifically one whom understands the nuances of filing a “Petition For Release Of Mechanic’s... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am not renewing lease to renters of 4 years. (expires 8-1-18) How much notice must I give them?

I have given proper notices ("Notice to Quit" on 6-15 and additional reminders "Colorado Notice to Vacate)

When inspecting the property yesterday renters informed that they believe that are they are due more notice time to vacate. I believe that this may be true if I were... View More

Donald C Eby
Donald C Eby
answered on Jun 26, 2018

If your tenants are on an annual lease with a defined end date, and the lease does not create a notice requirement, you owe your tenants no notice, the lease itself is the notice.

Let me know if they do not move out on time, we can help.

1 Answer | Asked in Real Estate Law and Small Claims for Colorado on
Q: My neighbor has a tree and it’s roots are causing damage to my driveway. Who is responsible for damages?

If I wanted to repave my driveway I would not have an even surface because of the roots.

Donald C Eby
Donald C Eby
answered on Jun 15, 2018

The roots (not the tree) is on your property, you can cut them.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is there a law firm in Colorado that charges a flat-fee for an uncontested quiet title action?

Details: The property is vacant land in the Redhill Forest subdivision of Park County, Colorado near Fairplay. A treasurer's deed was issued in 2014. According to Park County, 7 years must pass (2021) before the title is marketable. According to First American Title, 9 years must pass (2023)... View More

Donald C Eby
Donald C Eby
answered on Jun 14, 2018

If the quiet title is uncontested then even hourly this case will likely not cost you more than a couple thousand dollars.

I'll offer you a free consult to discuss.

303-688-0944

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: if the apartment came with a window AC unit and that unit leaked water onto the floorboards, am I responsible for damage

I have only lived here one month. Have only use AC a few weeks. There is nothing in lease regarding AC units.

Donald C Eby
Donald C Eby
answered on Jun 12, 2018

You should report it ASAP - Showing proof that the water originated from the A/C unit.

2 Answers | Asked in Real Estate Law for Colorado on
Q: I just built a modular home on my property. I want to know if I should hold out on final payment until all "issues" are

I just built a modular home on my property. I want to know if I should hold out on final payment until all "issues" are satisfied i.e. things that don't work not finished to my approval etc. They expect full payment upon my moving in but what leverage do I have to get things done?... View More

James A. Greer
James A. Greer
answered on Jun 9, 2018

Newly Constructed Homeowner: The answers to your questions, for the most part, will depend on the contents of your Construction Contract with the contractor/installer. Your questions about "disputing the costs of tradespersons / materials" imply that you did not have a Fixed Fee... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: I am the guarantor for a 12-month apartment lease for my son (a college student) and his girlfriend (who works).

They are both signed tenants on the lease. The girlfriend walked out with no notice and 4 months remaining on the lease. I have paid the rent to the apartment complex in full each month since the beginning of the lease, and the girlfriend has paid me her share monthly. Can I take her to court... View More

Donald C Eby
Donald C Eby
answered on Jun 4, 2018

Yes - a lease creates a right to possess and an obligation to pay rent. Thus, whether or not she lives there she has a duty to pay rent.

Good Luck!

1 Answer | Asked in Real Estate Law for Colorado on
Q: I have had a road running across trust lands for many years. Do I not have a prescriptive right for it?
John Roland Lund
John Roland Lund
answered on May 24, 2018

If your reference to trust lands means these are land owned by the government, then there is no statute of limitations on the government's ability to eject someone using the government land prescriptively. So, you may be able to use the road as long as they will allow it but you cannot... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: when buying/selling a house in colorado who is responsible to get and pay for a title search... the buyer os the sellerr
John Roland Lund
John Roland Lund
answered on May 24, 2018

This is something that is negotiated and can be paid by either the buyer or the seller. Typically though the seller provides the title search as part of purchasing a title insurance policy for the buyer and the lender.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: My Dad lived & died in NJ, I live in CO, which state do I need to get an attorney?
Timothy Canty
Timothy Canty
answered on May 24, 2018

New Jersey. If he owned property in Colorado, you will need legal help here also.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Q: My landlord wants to show the house we live in to perspective tentative but we haven’t given him an actual written or

Verbal 30 day notice. Do we have to allow him to bring strangers in our house we rent. My husband is military and hasn’t received his orders but we’re being told we will be relocating also our lease isn’t up until May 31, 2018. The only way my landlord knew we are possibly relocating is... View More

Timothy Canty
Timothy Canty
answered on Apr 24, 2018

Your lease will usually address the times that a landlord may enter for specific purposes. If not, the law gives him a reasonable time and right to show the place to new tenants. A little respect on both sides will help make this go smoother. As a last resort, a judge can decide what is... View More

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Colorado on
Q: Rent to own homewner is claiming he did not receive money order for monthly payment.

It was dropped off on 4/8 and trackinf shows it cashed 4/10. He did not contact us until 4/15 to claim he did not get it. He is demanding a late fee and a double payment on the next due date. He also is requesting we revise our original agreement. He has not specified the changes he wants.... View More

James A. Greer
James A. Greer
answered on Apr 21, 2018

Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your... View More

2 Answers | Asked in Family Law and Real Estate Law for Colorado on
Q: What are reasonable 'personal items' in a separation agreement?

One party (staying party) is keeping the house and it's content, except for the other's (leaving party) personal items. Where would pictures taken, framed and hung by the leaving party party fall? As house content or personal items. The pictures and their frames can be removed from the... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 20, 2018

If these items are important to the parties, their disposition should have been detailed in the agreement. Suggestion for photos: have copies made and each gets a set.

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