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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.
Maintenance Responsibilities: Depending on the easement's terms, a property owner may be responsible for maintaining the easement area, such as keeping a pathway clear.
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.
County Forms 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.
Maintenance Responsibilities: Depending on the easement's terms, a property owner may be responsible for maintaining the easement area, such as keeping a pathway clear.
Colorado Revised Statute section 102, states: ?[r]ight-of-way? means the right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless ...
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.