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This tree is in my yard that is approximately 60-80 feet high. A good portion of the tree encroaches my neighbors yard (airspace) which consequently drops leaves and small branches into her yard. I intend on trimming tree soon but the constant harassment from my neighbor by throwing leaves,... View More 
answered on Oct 18, 2016
Here is a rather complete discussion of the issue. http://www.hindmansanchez.com/resources/article/what-to-do-when-a-neighbors-tree-strays/
Hope it helps.
Her animals are noisy and smelly. Feces runs into a creek nearby. Dogs bark all through the night.
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).
Bought house 11 months ago. Right after I moved in I smelled a sewage smell. I texted with the previous owner asking if he had ever smelled this. He wrote back "yes" that he smelled it when he lived there. We went back on forth on text so I quite a bit of documentation that he knew of... View More
answered on Oct 15, 2016
Contact a real estate attorney. The sewage smell probably should have been disclosed (the facts determine if disclosure is reasonable).
I bought a house 11 months ago. The closing documents stated the owner needed to inspect and repair boiler prior to closing. He did not do so. closing documents say this requirement "survives" closing. I had it inspected by 4 boiler companies with quotes ranging from $6775 to $100k.... View More
answered on Oct 15, 2016
Contact a real estate attorney. From your facts it appears that the seller breached the contract.
I have been in the same hotel for 9 months. Always pay them never owe money. This is where we live. The owners have constantly banged on my door and yelled at us. Stopped my child and yelled at him. They have rules posted that say no guests after 9. We dont have people over after 9. Now he is... View More
answered on Oct 14, 2016
Longer-term use of a hotel can be classified as a landlord tenant relationship. However, the term can be significantly lower (daily or weekly versus months or a year). Yelling and banging at the door may qualify as a violation of the temporary lease agreement (but this is likely pushing the law).... View More
I am trying to get a variance on covenants that were written in 1969. I live in an equine subdivision and want to have 4H projects and chickens, but would need a variance to permit this. The board says no Variances period. However the Chairman of the board has established a commercial business... View More
answered on Oct 12, 2016
If the HOA has refused the variance, the only option is litigation. This will be an uphill battle, but you can reasonably claim discrimination via unreasonable/inconsistent application of the variance procedures. Contact a real estate attorney (this is not the type of case that a pro se party is... View More
answered on Oct 12, 2016
It depends on the disclosure form. Usually, disclosure is not required for information unrelated to the property you own (and are selling), but some disclosure forms can ask for broader disclosures.
He tried to run for the HOA board.The mgmt. company doesn't really want him on the board so they have put in a 2 year live in the community clause. Now they are saying he hasn't been a resident until I added him to the deed. Don't we have joint tenancy and wasn't that from when... View More
answered on Oct 10, 2016
By default under Colorado law, property purchased by a single spouse (or titled/deeded to only one spouse) is jointly owned by the spouses (unless a prenuptial applies). In short you are correct, your husband should meet the 2 yr residency requirement whether or not he is on the deed.
As... View More
answered on Oct 6, 2016
Yes, but the buyer will likely forfeit the down payment associated with the contract.
Reckless Endangerment? Law violations?
answered on Oct 6, 2016
Not enough information is provided to make an assessment. Talk to a local attorney.
just moved out of an apartment in Colorado and the landlord will not give me a breakdown of what my water sewage and trash is to match the total amount I am being charged. A new management company took over the apartment complex the last two-and-a-half months I was there and as soon as they took... View More
answered on Oct 5, 2016
The management company must provide a detailed bill upon request. You may need to contact an attorney. Free to low cost assistance can be found at this link: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
Everyone is saying that they saw no signs of leaks or mold.
answered on Sep 14, 2016
Contact a real estate attorney. The attorney will need to review your closing documents. If the home is new, there is likely a warranty. If the home is older, you potentially can claim fraud or misrepresentation. Again, there are a lot of unknowns here, so the best advice is to contact a real... View More
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?
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... View More
answered on Sep 6, 2016
The short answer is "yes." They are two separate interests. However, depending on who the other owner is and whether the loan was made prior to the transfer of title, the deed of trust securing the loan may contain a "due on sale" clause. This is generally not effective against... View More
My boyfriend and I live with our one year old son and two large dogs (7mo and 8yrs) in an rv. Today, 08/31, we got a notice that our tenancy is terminated as of 09/02. We went and talked to the park managers wife and she said we are getting kicked out because of "not picking up the dog poop... View More
answered on Sep 1, 2016
The amount of protection that you receive is partially defined by the nature and use of the park. If you are temporarily living there (more like a hotel/motel) an one week eviction notice may be reasonable. If you are permanently living there (i.e. living without interruption for several months or... View More
He has borrowed 800,000 on a line of credit using an old power of atty. Can I petition the court to force a sale
answered on Aug 30, 2016
Yes you can force a sale (assuming you are on the deed or have an interest stated in the separation agreement). Also the power of attorney should have been voided after your divorce became final (unless your separation agreement stated otherwise). I highly recommend that you contact an attorney... View More
The appraisal information was suppose to be submitted awhile ago and is past the date state on the agenda form for when things need to be meet deadline form, if we don't close on this house because they never submitted in time, who is liable for lost costs etc, and is civil suit appropriate to... View More
answered on Aug 23, 2016
Unless the purchase agreement stated "time is of the essence", delays do not necessarily cause a breach in the agreement. In other words, a reasonable delay likely will not have an impact on most agreements (closing can still occur on the 25th or be delayed). That said, if you do not... View More
I began renting from an acquaintance 5/15/15 with a verbal agreement only. Now she has decided to sell the home. On August 1st she texted that she would like me to find a place by Sept 15th, the rental market here is crazy so I began looking right away. I have found a place, how much notice do I... View More
answered on Aug 14, 2016
Based on your information, it appears that you had a month to month lease. The landlord appears to have given you a month and a 1/2 notice that the lease agreement will terminate. If the agreement was month to month, this would be sufficient notice (technically 1 month from the due date of the rent... View More
My significant other is trying to sell our home. He is on the mortgage, but we are both on the title as joint tenants. I do not pay as much each month as he does, but I do contribute to the mortgage every month, as well as paying other household bills myself (electricity, Internet, waste services).... View More
answered on Aug 10, 2016
If you are a joint tenant (on the recorded deed) you have a legal interest in the property. This interest has no relation debt payments or maintaining the home. The home can be sold, but the interest must be divided (presumably at 50-50% or whatever allocable portion that has agreed to). The... View More
Does this mean that I need to hire a professional cleaning service and have all the carpets cleaned professionally?
answered on Aug 8, 2016
This is not a standard "term of art" for the legal community. Try looking at the document to see if a definition is provided. If not, you need apply to a "plain and ordinary reading". My personal reading is that a professional or a non-professional can clean, but it must look at... View More
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