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We moved into a property in which our neighbor uses an easement driveway as the sole access to his home. This neighbor introduced himself by letting us know that he had been granted use of the irrigation water to our property by the 90+ year old farmer who lived there before us and he intended to continue to do so. We paid $160,000 for the 32 shares of water that were sold with the property, brought livestock and let him know right away that this would not be continued unless we were able to work out some appropriate plan in the event we had more than needed. Since the start this neighbor has been hostile, calling the local police to our home many many times over petty things that the police apologize to us about having to take both of our time and energy on. We had to request that they not shoot into our pastures and they have mostly honored this. They built a new fence across our main line and then added an entry of metal posts that are supported 6-8 feet onto our side of the line. We asked them to remove the crossover and they say that this is needed to keep the fence up. The previous fence was quite adequate but they wanted something more decorative. The easement they continue to use has been a big issue because it has left us unable to access the acreage on its other side for our animals. There is a seasonal pond and great spring and fall grassland there that we have not been able to access. These neighbors drive up and down on their dirt bikes and stop to ensure we see them looking our way and pointing at things on our land. They leave two large trash bins at the end of the easement on our road 24/7 and deliver a bag of trash there often. These are now getting bear attention and despite neighbors warning each other that we have visitor, they have not changed their habits.
Aug 2, 2024
Litigation
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

In Colorado, there are several types of easements, and determining which one applies to your situation, and your rights to stop the use of your property, requires more information. Here are a few types of easements that may apply and the general rules for those easements based on the information you provided.

Prescriptive Easement: A prescriptive easement is established through the adverse use of another’s land over a specified period. In Colorado, the elements required to establish a prescriptive easement include:

Open and Notorious Use: The use must be visible and apparent, giving notice to the landowner that someone is using their property.

Continuous Use: The use must be continuous and uninterrupted for at least eighteen years.

Adverse Use: The use must be without the permission of the landowner

Lo Viento Blanco, LLC v. Woodbridge Condo. Ass’n, 2021 CO 56.

2. Easement by Necessity

Easements by necessity are recognized when they are essential for the reasonable enjoyment of the land. This type of easement often includes not only rights of ingress and egress but also utilities, particularly when the parcel is used for residential purposes or was conveyed for such purposes. An easement by necessity is typically created when a land parcel is landlocked and requires access across another’s land.

Amada Family Ltd. P’ship v. Pomeroy, 2021 COA 73.

3. Easement by Grant

An easement by grant in Colorado is created through a formal agreement between the property owner (grantor) and the party receiving the easement (grantee). This agreement must be documented in a deed or another legal instrument that explicitly states the intention to create the easement. This type of easement is often recorded in public records to provide notice to future property owners.

4. Scope of Use

Regardless of the type of easement, the concept of the scope of use is implied in all easements. This means that even if an easement exists, the use of the property must be reasonable and within the agreed-upon scope of the easement. Any use that exceeds this scope may be subject to legal challenge.

If you would like to speak to one of our real estate lawyers to discuss your options, please contact us at (303) 688-0944.

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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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