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Colorado Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Colorado on

Q: land in colorado and the original land owner will not grant them easement therefore it is usele

Donald C Eby answered on Aug 24, 2019

If your property is landlocked you should contact an attorney to help you force the granting of an access easement.

1 Answer | Asked in Real Estate Law and Elder Law for Colorado on

Q: Mother died. House is in name of trust. Do I need to tell county assessor or treasurer I'm the successor trustee?

Are there other house-related forms or reporting duties I may not be aware of for Colorado? I already filed a trust registration statement with the district court.

James Newell answered on Aug 21, 2019

At a minimum, you should update the mailing address on file with the county assessor's office, assuming address to which you would like tax statements mailed has changed since your mother died. If the trust document states that title to the house must be transferred out of the trust you will want... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: We live in a house and our lease expired and we’re assuming we were now on a month to month lease. We would like to know

How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.

James Newell answered on Aug 21, 2019

Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: former PM let tenant do much damage. Can my new PM sue the former tenant?t

Donald C Eby answered on Aug 20, 2019

Your Property Manager cannot represent you in Court. But, you could bring the case against your former tenant. Or you can hire an attorney to bring that case.

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on

Q: My homeowner's association has posted signage prohibiting open carry in the building I live at.

They have cited CO Rev Stat § 29-11.7-104 (2016) at bottom of signage as their authority to so prohibit said activity. Can they legally do this? As I read the statute it says a local government can enact ordinance, the homeowners association however is not "local government". Can I sue them for... Read more »

Donald C Eby answered on Aug 17, 2019

A lawsuit it one option. Another is to have an attorney draft a letter on your behalf outlining the issue and why the HOA will ultimately lose the lawsuit if your are forced to file it. This letter would likely be a faster and less costly method to achieve the desired result.

1 Answer | Asked in Real Estate Law for Colorado on

Q: do I have case if I bought house didn't get to do a inspection walk . due to limit time on the loan. problems now

problems with gutters water leaking to the basement

Donald C Eby answered on Jul 28, 2019

If the seller did not disclose a known latent material defect, and you can prove he knew and thus defrauded you then yes you have a case.

You can see that this is a somewhat technical analysis. I recommend that you contact an attorney to discuss the facts and your proof so that you can...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: My parents are both deceased. They have property in Colorado deeded in 1981 where they are co-oweners.

I need to have the property put in my name since I am the heir. The title company said it needs to be probated in order to get the title transferred. My father died in 1991. A few years later my mom included the property in a trust in the state of Missouri where they have always lived. My mom... Read more »

Donald C Eby answered on Jul 26, 2019

The probate will help you clean up the title issues in CO. If no one opposing your appointment as Personal Representative or your handling of the CO assets the probate will be relatively quick and inexpensive. You should contact a CO attorney to discuss the process and costs.

1 Answer | Asked in Real Estate Law for Colorado on

Q: Renting from Property Management major repair needed presenting safety issue they refuse to fix what can I do

I do have renters insurance

Donald C Eby answered on Jul 24, 2019

Research Colo Warranty of Habitability.

This is a complicated process, I recommend contacting an attorney to ensure that your Warranty of Habitability defense is perfected.

1 Answer | Asked in Real Estate Law for Colorado on

Q: If two properties are divided by a chain link fence, can one neighbor remove that fence? Because they want to?

Donald C Eby answered on Jul 12, 2019

This is a more complicated question than you may think. The answer depend on who owns the fence and whether or not the fence is actually on the property line.

Getting the answer to this may take some research.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: If you leave property and landlord rents it out before your lease ended, is new end date when next renter moved in?

One year lease through 30 June 2019. We notified landlord of our intent to vacate the property one month early back in April 2019. Landlord showed property several times prior to our move out and found a new renter to begin leasing on 1 June 2019. We were not charged rent for June because we were... Read more »

Donald C Eby answered on Jul 2, 2019

The Courts will not allow landlord to double dip by charging you June rent while collecting rent from the new tenants.

WRT when does the 60 days start for purposes of the Sec. Dep. Accounting, likely not until the new tenant took possession. This is a common fight. The bottom line is that...
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2 Answers | Asked in Divorce and Real Estate Law for Colorado on

Q: Will I be legally responsible for a house my husband who I am no longer living is buying in a different state?

I moved from Florida to Colorado and cannot file for the divorce until I have lived here for 90 days. We have already split our money and he will be paying for the house with his money. I have been asked to sign a paper saying I have no claim to the house. Does that protect me if he defaults or if... Read more »

John Hyland Barrett III answered on Jul 2, 2019

Under Colorado law, the house will be marital property since it is purchased during the marriage. All marital property is subject to an equitable division in a divorce. this means property is divided "fairly', not necessarily "equally". You should have an attorney review the document he is... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on

Q: We purchased our town home in August 2018. We just received an assessment for $2936.62 to be paid by August 15, 2019.

This assessment is for a 20 unit fire that happened March 26, 2018 when we didn't even in own our home. Our insurance will not cover this assessment being we didn't have possession at the date of loss. Are we required to come out of pocket to pay this?

Donald C Eby answered on Jun 25, 2019

The unfortunate answer is yes. When it comes to HOA assessments the owner at the time of the Assessment not the underlying damage is responsible for paying the assessment.

1 Answer | Asked in Contracts and Real Estate Law for Colorado on

Q: is there a law in Colorado allowing someone who has made improvements to a piece of property to own it or take it

abandoned home that my husband and I was told we could stay in. Now the lady wants us to move but we have made some outstanding improvements to the place and she is breaking a verbal contract

Bruce Alexander Minnick answered on Jun 19, 2019

No. Unless Colorado law is different from Florida law (not very likely), everything legal involving real property (like the house you live in) must be in writing; oral agreements are not enforceable. However, out of an abundance of caution, I advise you to call a Colorado real estate lawyer and ask... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: Is it legal for a property owner to adjoin his gravel driveway onto our existing private paved drive without permission?

A property owner's land abuts our property. Between our paved road and this neighbors property lies our drain swale and right-of-way. Without our permission, he presumed to dump a load of gravel to build his own access onto our private, paved road. He is now damaging the edge of our pavement when... Read more »

Donald C Eby answered on Jun 18, 2019

You should contact an attorney to review the facts. A neighbor like this may respond to an attorney's demand letter explaining that if he continues his current action he will be sued, he will lose, and it will be expensive for him. Or he may not and you may have to bring the lawsuit to prevent... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: Need help with a real estate contract for my 84 year old mother in law. Listing period has no dates. Can we cancel?

The sellers agency contract has no dates in the listing period of the contract, section 3.6.. We are unhappy with the performance of the agent can we cancel after 45 days of being on the market but no term was ever entered. Both parties signed the agreement. This was the only data missing and no... Read more »

Donald C Eby answered on Jun 16, 2019

LIkely yes. But, most brokers are willing to grant a mutual termination of the seller is not happy with their performance rather than risk a lawsuit. If the Broker is uncooperative your Mother-In-Law should bring the listing agreement to an attorney to evaluate and likely send the broker a demand... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: I plan to purchase a home in CO with my (adult) child, splitting the down payment, mortgage, and all costs 50/50.

I'll be contributing cash and she'll be securing the mortgage, but I'd also like to be on the deed. Can this be done without my name on the mortgage loan? Also, if I should die, can my 50% be automatically split between the child I co-own the property with and my other (adult) child? Is there a... Read more »

Donald C Eby answered on Jun 16, 2019

You definitely should be named on the Deed, to protect your investment. Yes, you can obtain a mortgage obligating only one individual but take title to the same property in the name of two individuals. You risk that you will be wiped out should the lender need to foreclose.

You'll need to...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: What is a liability for really old sewer lines that are still functional?

I'm selling my really old house, the pipes are 100 year old clay. We live next to a university whose land are pipes cross. They burst on their property twice and have been repaired and replaced, but from that point on it is still the original pipe to the house. Well they haven't taken any legal or... Read more »

Donald C Eby answered on Jun 12, 2019

Disclosure is your best answer here. You don't have to fix the pipes if you disclose. Not fixing and not disclosing is risky.

2 Answers | Asked in Real Estate Law for Colorado on

Q: What if neighbor violates terms of an easement in CO?

Our neighbor has planted trees and bushes directly over our sewer lateral, which crosses his property on an easement. The easement agreement says, "the covenants and agrees (i) not to construct, install or maintain any structures or fixed improvements within, over or upon any portion of the... Read more »

Donald C Eby answered on Jun 11, 2019

You don't have to wait for the trees to damage your lateral lines. You can demand that they be removed now. If your neighbor refuses your request I recommend that you contact an attorney who can send the neighbor a demand letter outlining the law supporting your position and the additional... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on

Q: We've had a verbal lease agrmt for 4out of 6yrs. He verbally agreed to rerent in Jan for 7/19-7/20. Now he's backing out

We have rented from the same gentleman since 2012, he lived out of state until last year. In Jan we had to change internet providers. He said to put it in my name as we would be releasing again. I asked specifically because I didn't want to sign up for a 2yr agreement if he wanted us to move in 6... Read more »

Donald C Eby answered on Jun 10, 2019

If you refuse to return possession the LL will determine if he want to initiate an eviction action. If he does then you will want to show your evidence to the Judge in hopes of creating a contract through March of 2020.

You may consider having an attorney draft a demand letter to your LL...
Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: He is named on the lease but I am not. He moved and I continue to pay rent online. What are my legal obligations?

I have been paying the rent in my name for the entire year. They have not said anything about it. His lease ends in 6 weeks and I am moving out at the end of his lease. If he comes back to live here and does not pay money for future rent can I be taken to court for eviction/ or sued for anything in... Read more »

Donald C Eby answered on Jun 9, 2019

If you are not on the lease you have no obligations to the Landlord.

Good Luck!

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