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Colorado Real Estate Law Questions & Answers
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... Read 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... Read more »

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Donald C Eby
Donald C Eby
answered on Jun 16, 2022

The court needs to hear your side o the story. Your next step is dependent upon the current legal posture of the case. You should contact a probate attorney to assist you in obtaining your inheritance.

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3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 16, 2022

The other attorneys are correct. You need to file into the probate estate. Depending on when this occurred you may need to act immediately in order to preserve the estate. In other words, you need to act quickly before your sister spends any proceeds from the sale of the house.

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1 Answer | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: What is the statute of limitations in Colorado for a buyer to sue a seller after the sale of a home?
Anthony M. Avery
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Anthony M. Avery
answered on May 18, 2022

You will need to hire a competent CO attorney to figure out what the applicable SOL is, as different causes of actions have different SOLs. Despite numerous postings, noone has responded because your question is incomplete. Call one of the CO lawyers listed here on Justia, whom I have noticed... Read more »

1 Answer | Asked in Employment Law, Family Law, Real Estate Law and Business Law for Colorado on
Q: can I sue my partner for kicking me out of our business/property

my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues

Anthony M. Avery
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Anthony M. Avery
answered on Apr 8, 2022

Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.

1 Answer | Asked in Real Estate Law and Business Law for Colorado on
Q: Can I raffle off a Colorado business that holds a 19 acre track of land in Colorado?

The business has no other assets sales or income.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 31, 2022

Holding a raffle in Colorado is a regulated activity and requires a license issued by the Charitable Gaming Section of the Secretary of State’s office. A raffle can only be conducted by a legitimate, registered charity with an active non-profit registration in Colorado. In fact, the charity must... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am a new property owner by inheritance. A property management firm had a contract with previous owner.

Is that contract still valid?

James A. Greer
James A. Greer
answered on Mar 3, 2022

Dear Inherited Property Owner: You asked if predecessor's contract for services (in this instance Property Management Services) is binding upon the heirs. The only way to answer this question is to examine the underlying contract entered into by your predecessors. If there is no contract,... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: I bought my condo based on the MLS listing it had central a/c, only to find out 3 months after closing it doesn't.

I hired my broker based on his expertise with first time home buyers. My inspector sent an email to both me and my agent warning that the unit had no a/c despite the online and MLS listings. I never saw the email, and my agent sent me a text telling me the inspection came out "pretty... Read more »

James A. Greer
James A. Greer
answered on Feb 28, 2022

Dear Purchaser: Your inquiry has to do with real estate negligence or malfeasance.

As to BUYER AGENT: if it were the case where you were NOT sent the Inspector's Report from your Agent or your Inspector, you would have an argument. However, insofar as the Agent will be able to show...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I force my sibling to give me title to my fraction of 409 acres of land we inherited?

The land is in Montana and we all reside in different states.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 7, 2022

You have not stated enough facts. But you might want a Montana attorney to draft an Affidavit of Heirship to be recorded, which will show who the Tenants In Common are.

1 Answer | Asked in Real Estate Law and Tax Law for Colorado on
Q: How do I sell a 0.26 acre lot left behind in Pueblo County, CO after my parents’ passing?

I have two sisters that want me to sell the lot and split it three ways. I don’t want to be liable for the taxes in their entirety after the sale. What kind of document do I need from them before I can sell the lot? How do I avoid the entire tax liability? Neither of us want the lot.

Thank you.

Agustin  Arbulu
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Agustin Arbulu
answered on Jan 25, 2022

This is an important question posed. As I understand it your parents left you and your sister a piece of property. I am assuming the property was to be owned jointly with your 2 sisters. Further I am assuming the property is in your name for convenient purposes (like to avoid probate). If that is... Read more »

1 Answer | Asked in Domestic Violence and Real Estate Law for Colorado on
Q: Am I able to break a lease if I didn't file a police report or request a restraining order?

My husband attacked me on Nov. 29th, I didn't contact authorities bc I felt this would further trigger him and he is very unstable. I have been secretly packing and planning to move but our lease is in both of our names. I could afford the townhome we rent without him, but he would not meet... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Dec 25, 2021

I am sorry to hear about your situation. You would have to provide the landlord with some evidence of the domestic violence. Typically this comes in the form of a protection order. If you are still in fear of imminent harm, then you can still apply for a protection order.

1 Answer | Asked in Real Estate Law and Domestic Violence for Colorado on
Q: Can a person go home after being arrested for DV if the property is in their name but the other party has bills in hers?

He was told he couldn't go home because she has a couple bills in her name. The house is in his name though. Wouldn't he have the right to go home? They live in TN.

Sabra M. Janko
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Sabra M. Janko
answered on Dec 14, 2021

It depends on what the protection order says.

1 Answer | Asked in Real Estate Law for Colorado on
Q: If person (a) owns a home by title and deed but has a mortgage tied to previous owner (b) can (a) sell the house?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 7, 2021

It would be a sale subject to the existing mortgage lien. And there may be buyers willing to take it subject to the mortage, or even assume personal liability on the mortgage note. However the lender with the secured mortage might not approve of the new owner, and foreclose on the mortgage... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is unpermitted work during a house flip required material fact for disclosure in the sale/purchase process in Denver, CO

I recently bought a house that I have found out does not have permits pulled for any of the flip work that was done and this was not disclosed during the sale process. I am now having multiple problems only a few months later and need to know if unpermitted work is a required material fact needing... Read more »

James A. Greer
James A. Greer
answered on Sep 26, 2021

Dear Home Purchaser: Material facts need to be disclosed. And, unpermitted work MAY rise to the level of materiality. However, it depends on the nature, scope and type of unpermitted work. If the problems you are experiencing are directly related to the unpermitted work, and if knowledge that this... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can the HOA hold us responsible for the incorrect roof color installed by the previous owner?

6 months after taking possession of our new home, the HOA notified us that the color of our roof is in violation of the covenants. The new roof was installed and paid for by the previous owner during the inspection objection / resolution phase of our closing.

Here's the sticky part,... Read more »

Donald C Eby
Donald C Eby
answered on Sep 9, 2021

If the variance hearing does not go well you may need to contact an attorney to discuss your options against the seller who installed a roof without HOA approval of the color.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... Read more »

James A. Greer
James A. Greer
answered on Sep 7, 2021

Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can you legally pass over a privately owned driveway owned by 3 different people if 2 of them give you permission?

There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get... Read more »

Timothy Canty
Timothy Canty
answered on Jul 22, 2021

The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

1 Answer | Asked in Real Estate Law for Colorado on
Q: If the fence has been in the wrong spot for more than 20years . Can I claim it as the property line??
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 8, 2021

That fence line has probably been acquiesced as the boundary regardless of what the adjoining properties' deed legal descriptions say. In any event, you can certainly claim it is the boundary, and it is up to the other owners to sue for a boundary dispute, declaratory judgment, etc.... Read more »

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