Property Disputes in Colorado
Property disputes in Colorado are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear. Find out what you can do if you have a property dispute in Colorado. Discover the legal remedies and actions that can help you clear up a misunderstanding or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Colorado property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
Depending on the nature of your litigation in Colorado, your lawsuit will likely go to a county trial court.
Common Types of Colorado Property Disputes
Often, the result of a property dispute in Colorado is the plaintiff will receive compensation to cover their losses. The most common property disputes include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Colorado where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Colorado Property Disputes
It’s noteworthy that there is confusion over a common property dispute in Colorado. For example, reporting from KRDO in 2021 brought confusion about tree damage in Colorado Springs to light. When tree debris fell after a significant storm, there wasn’t any clarity about who held responsibility for the cleanup.
Another common property concern is lawsuits or other civil actions against farms. Under Colorado Revised Statutes, any agricultural operations are not a private or public nuisance. As long as negligence is not an issue, most owners of this type of business have protection during property disputes.
Legal Process for Boundary Disputes in Colorado
Has someone brought a property dispute against you in Colorado, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Colorado property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
Often, boundary disputes in Colorado involve dealing with disputes over agriculture or grazing lands. To illustrate, if the property of two parties is next to each other, fencing becomes a joint responsibility. Current statutes say that the owners should split the cost of a line fence.
Try to Find a Solution with Your Neighbor
Colorado dispute litigation can cost a fortune, not to mention it can take a long time to settle a dispute. That’s why it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, then it’s time to take legal action.
Send a Demand Letter
At this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
This letter will be from your Colorado attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Go to Court or Reach a Settlement
In most cases, settling a property dispute out of court is the best option for both parties. It avoids the high cost of litigation and allows for a more flexible resolution. However, if negotiations stall and no agreement can be reached, filing the dispute with the court may become necessary.
Once in court, a judge will carefully review the evidence presented and make a legally binding decision about ownership of the property in question. The final ruling may not align with what either party wants, which is why settling outside of court is often the smarter choice.
Work With an Experienced Local Property Dispute Lawyer in Colorado
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Colorado property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Colorado state lines.
Submit a request online or call us today at (866) 345-6784 to speak with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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