Easement Lawyer Parker, CO

Innocent confusion over easements can quickly turn into a bitter dispute between neighbors, residential or corporate. Land use disputes, which the legal team at Volpe Law LLC is intimately familiar with, involve both practical elements and personal feelings. Feeling protective and proprietary over real property you believe is yours is normal. If you’re involved in an easement dispute, you may need legal advice to help you find a solution that works for both parties. Should that fail, however, a Parker, CO, easement lawyer can help you sort out complicated boundary issues in court.

We offer strong advocacy for property owners caught in easement disputes and an intimate knowledge of applicable Colorado laws to provide insightful advice. Contact our offices today for a consultation.

How Can a Parker Easement Lawyer Help Me?

An easement permits one party to use another’s real property for a specific purpose. Circumstances in which an easement is necessary vary. In some situations, a property owner may purchase a piece of property without knowing the previous owner permitted an easement or the courts established one. Other times, a surveyor error may cause a property dispute or reveal the need for an easement so both property owners can access and enjoy their land.

Our attorneys have extensive experience dealing with boundary and property disputes, large and small. Some of the more common easement cases we handle involve:

• Shared driveways
• Shared fences
• Shared walkways to mailboxes
• Utility access on private property
• Emergency vehicle access roads on private property

Whether you require an easement on another’s property, wish to prevent an easement on your property, or need legal protections in place to limit an easement, we’re the team you can count on. We’re dedicated to protecting your interests.

Colorado Easement Laws You Should Know About

Before you take legal action regarding an easement, it’s important to understand the Colorado property laws that apply and the types of easements permitted in the Centennial State.

An express easement is one established by contract. In all practical matters, it functions as a deed and is recorded as such. However, if the contract isn’t specific enough and the rights of one or both parties are unclear, problems may arise. Or perhaps the easement is abandoned, and the courts must rule on its scope and whether it may be transferred.

An implied easement, on the other hand, is not recorded. Rather, it’s based on a mutually agreed-upon use or promises made to permit limited access. Implied easements may also arise from adverse possession. Disputes over implied easements arise more frequently than express easements, as there may be contention over whether the easement actually existed.

Do You Need Help With an Easement in Colorado?

Are you in the middle of a disputed easement and need help resolving the issue? Whether you prefer to settle the matter out of court, in mediation, or through other negotiations, or you feel it’s appropriate to take legal action, a Parker easement lawyer from Volpe Law LLC can help protect your interests. Contact us today to get started.

Terminating an Easement in Colorado

Easements are legal rights that allow one party to use another party’s property for a specific purpose, such as access to a road or utility lines. In Colorado, as in other states, easements can be created and terminated under various conditions. If you need to terminate an easement it’s essential to know the legal requirements for terminating an easement is crucial for property owners.

The process is streamlined with the advice of an experienced Parker, CO, easement lawyer. The team at Volpe Law LLC is well-versed in the nuance of Colorado property laws and can advise you of the best options for your easement.

Methods of Terminating an Easement

• Agreement of the Parties: The most straightforward method of terminating an easement is through mutual agreement between the property owner (servient estate) and the easement holder (dominant estate). This agreement should be documented in writing and recorded with the county clerk and recorder’s office to ensure it is legally binding and publicly acknowledged.
• Merger of Estates: If the dominant and servient estates come under the same ownership, the easement is typically terminated automatically because an easement cannot exist on one’s own property. For this termination to be effective, the merger must be complete, meaning all interests in the properties must be unified under one owner.
• Abandonment: An easement can be terminated by abandonment if the easement holder demonstrates a clear intent to relinquish their rights. This intent must be accompanied by a physical act that evidences abandonment, such as ceasing to use the easement for a prolonged period or removing structures that benefit from the easement. Mere non-use is insufficient; there must be a clear and convincing indication of intent to abandon.
• Expiration of Term: Easements created for a specific period or for the duration of a particular event can terminate once the term expires or the event concludes. For example, a temporary construction easement would terminate once the construction project is completed.
• Purpose Fulfilled or Impossible: If the purpose of the easement no longer exists or becomes impossible to fulfill, the easement may be terminated. For instance, if an easement was granted for access to a resource that no longer exists, the easement could be considered terminated.
• Adverse Possession: In some cases, the servient estate owner may terminate an easement by adversely possessing the easement area. This requires the owner to openly and continuously use the easement area in a manner that is hostile to the easement holder’s rights, for a statutory period (typically 18 years in Colorado).
• Condemnation: The government can terminate an easement through the process of eminent domain if the land is needed for public use. The easement holder is typically entitled to compensation in such cases.
• Changed Conditions: If the conditions that originally justified the easement have significantly changed, making the easement unreasonable or unfeasible, a court may order its termination.

Legal Assistance To Terminate an Easement in Colorado

Terminating an easement in Colorado involves various legal mechanisms, including mutual agreement, abandonment, merger, expiration, adverse possession, and government action. Property owners seeking to terminate an easement should engage the services of a qualified Parker easement lawyer to ensure that the termination is executed correctly and to protect their property rights. We can help you – call Volpe Law LLC today to learn more.

FEES

A $5,000 retainer is required for all pre-litigation dispute cases, while active litigation matters have a minimum retainer of $10,000. As of 1/1/2025, attorney rates vary between $275 – $400/hour. These hourly rates are paid by the retainer account. Fees and retainers for contract reviews and smaller projects vary, with some cases best suited for a 1-2 hour paid consultation at $350 per hour or $700 for two hours. All retainers are evergreen and refundable. Please call to inquire for further details.

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by completing our consultation request form.