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Colorado Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: Am I allowed to walk my dog in an adjoined backyard space?

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.

T. Augustus Claus
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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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: I a the president of our neighborhood hoa. An owner has built an addition on his property. How can we get it removed?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Government Contracts, Land Use & Zoning and Real Estate Law for Colorado on
Q: What are examples of a piece of real estate being used or held for government purposes?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Land Use & Zoning and Civil Litigation for Colorado on
Q: Towed from commercial private parking lot parked less than 24 hours. Parking lot has no signs whatsoever. Is this legal

Security called to have my car towed. It was neither parked illegally nor was it legally abandoned.

T. Augustus Claus
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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

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Can you live/camp in the backyard of an unfinished home if you are not the owner?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Land Use & Zoning for Colorado on
Q: How do I report a neighbor with no muffler?
Michael Joseph Larranaga
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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...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: In Colorado if a road easement is used to put in a new road who repairs the adjacent land?
Michael Joseph Larranaga
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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...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: Our property line goes directly through our neighbor of 5 years driveway. We want to fence our property completely
Michael Joseph Larranaga
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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...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: As the owner of the servient estate, what are my rights wrt the dominant estates plan to grade a road on the easement?

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

Donald C Eby
Donald C Eby
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

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... View More

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2 Answers | Asked in Animal / Dog Law and Land Use & Zoning for Colorado on
Q: Looking to buy land and raise a few animals. Old covenants forbid it but are no longer enforced!

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

Kristina M. Bergsten
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Kristina M. Bergsten
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

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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... View 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 Land Use & Zoning and Real Estate Law for Colorado on
Q: recent survey, fence is 6.5 feet on our side of property line, neighbor wires gate closed that is on water right of way.

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

Anthony M. Avery
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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

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: I run a 501c3 with horses on a 6 acre rural residential property in Douglas Co. Do I need a permit? Please advise?

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.

Donald C Eby
Donald C Eby
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...
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1 Answer | Asked in Land Use & Zoning for Colorado on
Q: How much per day can I charge for storing a tractor trailer on my Private property.
Donald C Eby
Donald C Eby
answered on Dec 9, 2019

There is no legal limit.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: My question is in regards to property lines for a new build, the property line is against a public trail, unfinished.

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

Donald C Eby
Donald C Eby
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...
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1 Answer | Asked in Land Use & Zoning for Colorado on
Q: Can a city in Colorado install a Acqueduct that sends water over privately owned land and not into the city drain?

The city said it has always been that way.

Donald C Eby
Donald C Eby
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.

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: I live in Pueblo County and have land that is directly west of me and has been purchased and surveyed by the buyer.

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?

Donald C Eby
Donald C Eby
answered on Apr 23, 2019

You should contact an attorney to discuss bringing a Quiet Title Claim based on Adverse Possession.

1 Answer | Asked in Land Use & Zoning, Civil Rights and Landlord - Tenant for Colorado on
Q: Does mngmnt have the right to go on to our property, or, at wat point can code enforcement just go without notice?

The manger is trying something stuff to us that isn't right

Donald C Eby
Donald C Eby
answered on Mar 31, 2019

Code enforcement is outside of the control of your landlord.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: I am researching the Colorado rent control ban. How do I find out about the original court case that it came from?

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!

Timothy Canty
Timothy Canty
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.... View More

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