I had permission to "nap" on private land for a couple hours. Can any cop come and wake me then arrest me without having a warrant or permission to be there in the first place;. Since It's not my property, I have no say.?
therefore there actions were justified in what lead... View More 
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answered on Jan 27, 2024
No, the police cannot legally arrest you on private property where you had permission to be without having a warrant or the owner's consent for them to be there. The key issues here are your expectation of privacy and the validity of the police's entry onto the land.
Even though... View More
I live on a property with an adjoined backyard area with no fences. The adjoining property is a communal housing facility. I have been utilizing the full area for several months. I was told by the manager of the asking property that I'm no longer allowed to use "their" portion of the adjoined space.
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answered on Aug 21, 2023
The use of shared or communal spaces often depends on property agreements and the understanding between neighbors. If you have been using the entire adjoined space for a certain period, it might have established a pattern of usage. However, property managers or owners of the adjoining property can... View More
There is an owner who has built a "screened in porch" off the side of his house, but he built it on the common area, which he does not own. The HOA owns all common areas. I have the papers that show the property lines, and he has definitely built the room on hoa property the... View More
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answered on Mar 10, 2023
Good afternoon,
The HOA will most likely need to file a lawsuit against the property owner. If the structure is on HOA property, then it may fall under trespass law. In the alternative, it may be a breach of covenants. Regardless, if they are not moving it on their own then you may need to... View More
We are looking to possibly sell a piece of real estate that is currently blank land. It is used for carnivals and parking. On the same parcel (which would be subdivided). There is an event center which is owned by the City however this land is on the other side of the parcel and undeveloped. I do... View More
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answered on Jul 21, 2023
It sounds like you may have a title issue.
If you are concerned the government is using the land without your permission, it could be a taking or trespass. It is also likely there is some type of agreement on the property. Regardless, you would need to dig deeper into it.
This... View More
Security called to have my car towed. It was neither parked illegally nor was it legally abandoned.
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answered on Jul 13, 2023
If you believe your car was wrongfully towed from a commercial private parking lot without proper signage or a valid reason, you may have legal claims to consider. Consult with a local attorney to determine if the towing company failed to follow proper procedures or lacked a valid reason for towing... View More
A home on our street was torn down and a new home was started but only got as far as framing the house, then the progress stopped 2 years ago. The owner lives in Florida (this home is in Colorado) and the owner's son is homeless and has schizophrenia camps in the backyard. Other homeless... View More
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answered on Oct 3, 2022
In short, it would be difficult to force the sale since you do not have an ownership interest.
Could there be other legal remedies? Potentially. You should call an attorney to check.
If the occupants are there without the landowner’s permission, it could be trespass. Again, it... View More
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answered on Sep 26, 2022
Have you tried talking to the police? Unfortunately, there is not allot that can be done for an annoying neighbor. At a certain point, it could be a nuisance but is it worth the time and money? It's a hard one.
Please be aware that any answer is based on all the events occurring in... View More
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answered on Sep 14, 2022
I think that would partially depend on if negligence was involved, who the easement was granted to, associated contracts and covenants, and so on.
I hate to say it but more info would be needed. You should reach out to an attorney to discuss.
Please be aware that any answer is... View More
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answered on Aug 26, 2022
This is a complex question. You should contact an attorney.
If you own a property, you have a right to fence it provided you do not run afoul of any covenants, HOA, zoning, ordinances, and/or other laws. In certain rural areas in Colorado, you may be required to fence it.
The... View More
I am the owner of the servient estate which has an easement for ingress/egress. The owner of the dominant estate plans on bringing in surveyors to stake the easement, and then an excavation company to re-grade an unpermitted road on the easement. Do I have the right to require the dominant estate... View More
answered on Jun 21, 2022
You definitely have rights. An easement does not give the owner of the dominant estate unilateral authority nor does he have the right to work outside of the permitting process. If you are not able to have a reasonable conversation with this party you should get an attorney involved to assist you... View More
I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.
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... View More
We are looking to buy 3.25 acres of land in la plata county Colorado. The covenants forbid chickens and cows but are from the 1970s and no longer enforced. We want to raise a few animals for personal use. Is there a way to protect ourselves moving forward? If someone decides to now enforce these... View More
answered on Nov 12, 2020
You will have to appeal to your local zoning board to get the property rezoned. I would recommend consulting with a real estate attorney
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... View More
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.
Our farm is in Garfield County Colorado. We have crossed the fence for years but I'm afraid neighbors may try and claim our land as theirs. I keep opening the gate for passage but now there's a lot of stuff wired over the gate opening from the far side of the fence, but still on our... View More
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answered on May 6, 2020
You either move the fence or acquiesce to the present fence being the boundary. You need an attorney to conduct title searches on both properties, and possibly file a Boundary Line Dispute. You will probably need a survey by a Surveyor who can testify in Court. You seem to know that the other... View More
I have a difficult neighbor who took me to court. I have a court order stating that I cannot operate the nonprofit outdoors. So, I'm looking to build a small indoor arena. I know my neighbor will do all she can to hinder my efforts, so I want to make sure I have all my legal ducks in a row.
answered on Apr 15, 2020
Do you need a permit to build an indoor arena in unincorporated Douglas County? The likely answer is yes. You will need to build in compliance with the County Building codes and zoning.
You may want to contact a local attorney to discuss the facts of your situation and get clarity on... View More
I live in Colorado and when my wife and I did the final walkthrough of our new home, they showed us the property lines and the builder also already installed the front yard landscaping to make it easier to see which was roughly 9+ ft off of the right side of the house. However, yesterday when I... View More
answered on Oct 15, 2019
The ultimate issue here is who is correctly identifying the property line, the builder or the new claim? And, if the builder was wrong do you have a claim against him or against your title insurance?
You should bring your facts and evidence to an attorney to review, he may be able to... View More
The city said it has always been that way.
answered on Aug 9, 2019
You may have a "Takings" claim against the city.
I recommend that you contact a Land Use Attorney to review the facts, your rights, remedies, and process.
He states my fence line is on his property. The fence has been in place for over 18 years and would fall under Article 41 of Colorado Revised Statutes 2016 TITLE 38. It would seem to me that the property in question would be mine under adverse possession. What would I need to do to prove this?
answered on Apr 23, 2019
You should contact an attorney to discuss bringing a Quiet Title Claim based on Adverse Possession.
The manger is trying something stuff to us that isn't right
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