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I have a direct neighbor who had built structures that are encroaching my property by approximately three feet. Fence is attached to my existing structures, including my exterior wall, and police have said it is a civil matter. This neighbor had been nothing but awful over this and is even retaliating against us for trying to live in our space. I'm lost as to what to do.

Oct 20, 2023

Real Estate

The information provided is for general information and does not form an attorney-client relationship. See our .

Bill HenryFounding Partner | 20 years of experience

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Bill HenryFounding Partner 20 years of experience

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From your description it appears your neighbor is encroaching on your property and violating your rights. As a landowner, you must take action or you risk losing your property or inadvertently granting your neighbor the right to use you property by your acquiesce.

Colorado law allows for legal actions to settle boundary disputes. One common remedy is a "quiet title" action, which aims to determine the rightful owner of the disputed area. The court will review property deeds, surveys, and other evidence to make a ruling.

As I mentioned, it is important to deal with the issue as soon as possible as Colorado has legal theories including prescriptive easements and adverse possession, which are laws to allow your neighbor to own or continue to use your property in certain circumstances.

Review our article "Dealing With Neighbors & Boundary Disputes in Colorado."

These cases are complex, and I highly recommend speaking to one of our real estate partners with experience in these matters. Please call us at (303) 688-0944 or go to our contact us page for more ways to contact us.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.

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