Legal Question in Real Estate Law in Colorado

adverse possession

We purchased a home in Colorado in August of 84. At the time of purchase there was existing driveway and storage building. The neighbor behind us bought the adjoininig property about 1990. Her husband passed away last year and she is now wanting to sale the adjoing property to the west side. She had a survey and a portion of my dirveway and storage building appears to be in that survey. It is impossible for us to move the storgage room and driveway because of the way it was built. I am now being threatend with a law suit because she thinks we have caused the loss of the sale of her property. We have all along said we would do anything within reason to work out the problem. We have even talked to her realtor and told him the same thing. He told he could see no problem, that it could be worked out. But like I said i am being threatend with a law suit cost of attorney. At this point they have said they would do at easement if i would pay all attorney fees and survey fees. What recoure do i have?


Asked on 4/17/02, 7:22 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: adverse possession

You may have a good argument that you now own an easement by adverse possession, but an attorney should be retained to review all the facts.

Either you or your neighbor could start a quiet title action, but an easement agreement that would be recorded on both properties would probably be cheaper.

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Answered on 4/18/02, 10:44 am


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