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In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.
The majority of conservation easements that Colorado Open Lands holds protect working farms and ranches, wildlife habitat, and scenic views from public roads or nearby public land. A conservation easement does not allow the public to access your land (unless you want to allow access).
Easement by Necessity: If a piece of property is landlocked and lacks access to a public road, Colorado law may grant an easement by necessity to ensure the land remains usable.
An easement is a real property right authorizing the easement owner to do something or maintain something on the land of another. They are usually created by a granting instrument such as a deed. Most easements are ?appurtenant,? meaning they are attached to and benefit a particular property.
Most easements don't automatically end when a property is sold. Instead, they often transfer with the property. In some cases, the existence of an easement can make the property less desirable. For example, when a neighbor's driveway runs across your land.
A right of way allows parties to travel across a property?this may be granted to the general public or to a specific entity. Right of ways are more restrictive than easements because they do not allow the public or entity to use the property, just move through it.
An owner of real property in Colorado may create an easement by a written document, which can be in the form of a deed, easement agreement, or other document including the language of a conveyance or grant. An easement must be classified as affirmative or negative.