Legal Question in Real Estate Law in Colorado

Driveways Adjoining along Property Line

Our family home was built in 1983 on a subdivision lot. The adjacent lot was also owned by our family and a replat of the two lots were done in 1983. In 1987 our family sold the extra lot. New lot owner built home and poured a driveway along side our driveway running along our property lines. Each home has it's own driveway but they are immediately next to each. The home has resold twice since the original owner. All previous owners have respected the separate driveways and stayed on their own sides of the driveway. The past owner layed out flower boxes, railroad ties, center blocks and sprayed a white line to indicate division of the properties/driveways. In 2002, the home sold again. The current owners have recently begun to drive across our family driveway to reach their driveway/garage/street. My family was placing potted trees just inside of our property line of our driveway to add beauty & indicate the separation or properties. They neighbor approached & stated he believed it was a shared driveway with an easement and he won't be responsible if he runs over and damages the potted trees. There is no easement. We would like to stop them quickly and permanently. Would a notation on our plat help? What can we do?


Asked on 1/07/05, 12:27 pm

1 Answer from Attorneys

Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Driveways Adjoining along Property Line

Even if the subdivision plat fails to show a common driveway easement, an easement can arise by implication. I would need to know more to provide a legal opinion and suggest you meet with an attorney to discuss all the facts.

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Answered on 1/07/05, 1:19 pm


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