Legal Question in Real Estate Law in Colorado

Easement rights

I have a 25' easement on the edge of my acre site and it has been used by a neighbor for a few years. Now I'm selling my 1 acre and the new owners want the neighbor to purchase easement or move his drieway. This is the only egree the neighbor has to his home. What right does the neighbor have to continue using this easement as his private drive? There was never a agreement with the prior owners to use this easement. The easement is stated in my legal plat as an easement for a future public street. That public street will not come to be.


Asked on 11/28/06, 4:10 pm

1 Answer from Attorneys
Richard Gee

Re: Easement rights

It is possible that your neighbor has obtained either what is known as a prescriptive easement or an easement by necessity, for which payment will not be required. I don't have enough facts here to give you a definitive answer. I'd be happy to discuss the issue further with you if you would like.

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Answered on 11/28/06, 5:41 pm


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