Colorado Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
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.
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.
Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future. A common example of a non-exclusive easement is an access or roadway easement in a shopping center.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's 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.
In rare cases, Colorado law allows people who trespass and encroach on other's land for18 years, reasonably believing it to be their own, to develop an ownership claim to the property. Many types of disputes can arise between Colorado neighbors.
?The right of an owner with respect to a ditch excavated over the private land of another extends to the bed of the ditch and sufficient ground on either side to operate it properly, depending necessarily, in each case, upon the particular circumstances of each case.? Id. at 862.
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.
