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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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
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!
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 »
This is a follow up to a previous question, with better clarification. Two utility companies share a utility pole that is on the property line between me and my neighbors. The pole is not a problem. However, there are three cables, or guy wires / anchor wires, that stretch from near the top of the... Read more »
answered on Feb 22, 2019
If there is no easement you should have an attorney send a demand letter to Century Link. This will ultimately force CenturyLink to prove it has a right or move the cables at its expense.
I have an alley-accessed garage and carport. There is a utility pole on the property line between me and my neighbor. Two guide wire/cables are anchored about 10 feet from the pole, in the direction of my property, at roughly a 30-40 degree angle, to the pole. As a result, the cables prevent... Read more »
answered on Feb 6, 2019
Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.
If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action... Read more »
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... Read more »
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:... Read more »
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