Colorado Real Estate Law Attorneys

Usually not. Colorado recognizes common law easements as well as easements by deed or contract. Generally, (along with other criteria) 18 years is the length of time you need to use someone else’s property. Thereafter, you will have established an easement by prescription which can be adjudicated by the court. Recent changes to the statute may require the person who is successful in establishing an easement by prescription or prior use to compensate the title holder of the real estate upon which the easement runs. Conversely, if you have a written easement and you allow it to be interfered with for the statutory period it can be lost.

Since in Colorado the adverse use must be "adverse," the easiest way to interrupt a running statute of limitations (so that it starts over) is to simply give the neighbor permission to use the land or easement for a short period of time. We suggest that this be done in writing and by certified (return receipt) mail.

No. There is no such thing as "Squatter's Rights."

The owner of real property has all rights in the real estate except those specifically delineated in the terms of any easement. The owner can make use of the land containing the easement as long as he/she does not "unreasonably" interfere with the actual use of the easement. Case law makes it clear that the land owner can put fences across an easement as long as the easement holder has a key to gates and a land owner may move an irrigation or drainage ditch to accommodate his/her own efficiency in cultivation of the land as long as the flow of water is unabated. However, building over an easement is risky since if the easement holder needs to access the surface for repairs or improvements, he/she would have the right to remove any structure or landscaping that interferes.

Title Insurance protects primarily mortgage lenders but also purchasers of real property (if they buy an "Owner's Policy") from defects that may exist in the title to the real property.

In the old days (prior to the 1960's), if you purchased property, you would hire an attorney to review an abstract of title (a book of historical deeds tracing the ownership of property) and give a title opinion. A few attorneys who did a lot of this work joined forces with some insurance executives and started issuing title insurance instead of title opinions and a new industry was born. To insure their continued success, title companies, as a matter of course, burned every abstract book they could get their hands on so that in order to issue a title opinion, an attorney would have to start from scratch at the Clerk and Recorder's office - a time-consuming and cost-prohibitive process. The title companies transferred the Clerk and Recorder's records to computer data banks and now can very efficiently produce accurate title histories.

An exception in a title policy is an item that the title insurance company refuses to insure against. The first thirteen exceptions in most policies relate to issues that would not ordinarily be found in the records of the Clerk and Recorder - primarily related to unrecorded liens and persons in possession. Most title companies will insure over (erase) these exceptions for a small fee (recommended). Exceptions listed in the title commitment (which is issued prior to closing, committing the title company to issue a policy after closing) after the standard first thirteen are specific issues found in the title search and should be reviewed carefully to make sure that they do not substantially interfere with the purchaser's planned use of the property. If there is any question concerning the effect of a particular exception, a purchaser should immediately consult a real estate attorney before the title objection date in the contract expires.

An ILC is a short hand or ad hock survey. It is created by a surveyor but is produced without any sort of guarantee or warranty of its accuracy. They are generally used by the mortgage lender as a quick check of the property, but they serve a useful purpose in a sales transaction to re-assure the purchaser that the buildings and easements on the lot are where they are supposed to be. Purchasers need to be wary and review the ILC with caution. If something is amiss on the ILC and the purchaser receives it prior to closing, the seller can defend any action brought later (because of a defect in the physical lay-out of the property) by alleging that the purchaser was on notice and waived the defect by not objecting before transfer of the deed. Fence lines and property lines rarely line up. Every square foot of a lot can have ramifications for set-backs, sight lines, solar corridors, and square footage requirements for future additions or remodels.