Legal Question in Real Estate Law in Colorado

Property line dispute and existing fence

For over 25 years, there has been a fence separating my property from my neighbor's property. During this time there have been 3 fences in the same location, each using the same post holes. I installed the last version of the fence 7 years ago. My previous neighbor agreed to the location of the fence and it was inside the sidewalk marker defining the property line. However, the old property marker was removed recently when that section of the sidewalk was replaced.

A new neighbor purchased the house about 4 years ago. Recently he had the property surveyed and new markers are now on the sidewalk. However, the new marker puts my fence about a foot inside his property. I started to do some work on my fence (lowering it from a 6' to 4'. My new neighbor had agreed only a few weeks ago that this was fine and that it would look better shorter. However, after my contractor started work on the fence, this neighbor became very upset and stated that I was not to touch his fence. He further stated that the fence was his because it is now on his property. Assuming that the new survey is correct, does he own my fence or do I have the right to remove it or relocate it on my side of the new property line?

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