Legal Question in Real Estate Law in Colorado

Encroachment

My neighbor has an old railroad tie retaining wall with a four foot fence on top. The retaining wall is colapsing into my yard, an approximate two foot encroachment. The home just sold to someone who is renovating and plans to resell once complete. They do not plan to do too much to the landscaping. Is there anything that I can do legally to make sure the title does not transfer with the continued encroachment to my yard?


Asked on 7/25/06, 10:16 pm

1 Answer from Attorneys
Richard Gee

Re: Encroachment

The best way is to either discuss fixing the retaining wall with your neighbor or to send him a letter detailing the fact that you object to the two foot encroachment on the property. Obviously, the best thing would be to convince your neighbor to remove the encroachment. However, by actively seeking to remedy the encroachment, you are asserting your rights to the property that is being encroached upon by your neighbor. If, for some reason, this two foot encroachment becomes part of the legal description of the property, then the evidence that you objected to the neighbor's use of the property will be crucial in an action for quiet title.

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Answered on 7/26/06, 2:17 pm


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