I would love to get opinions on this...

I have a property that has an easement on the corner for the neighbors driveway. Their small house is built right on theIr property line, with no yard. The land from my house over to theirs is mine, yet the neighbors have at times, occasionally go on/use my property.

My concern Is that in Colorado adverse possession laws say if they use my property for 18 years they can claim the land as theirs. I am thinking about putting up a fence along the driveway and putting a sign “Private Property No Trespassing”...

Then if they go on and chop a tree or cut the grass, I can take action. Essentially I’m fencing off my own property, and don’t want to lose the use of that easement driveway.

What do you think?

In my City the easement laws are set in stone. Under specific conditions, a neighbor may or may not perfect an easement. For example here if a neighbor uses part of your land WITHOUT PERMISSION FOR A 5 YEAR PERIOD, open and notoriously, then they have a prescriptive easement.

However if every year you grant the permission, they they can not perfect the easement.

My advise is to consult with a REAL ESTATE ATTORNEY! Having someone steel you land is serious. Pay the attorney for his professional opinion.

I have gone to court over boundary's with a Single Family Home, a 5 unit apartment building and 8 unit apartment property. In each case the City and Lawyers didn't care about the LAW. They wanted to use other methods to help my neighbors win.

You see besides the law there is intent. Let's say your neighbor planted nice trees along the property line in some areas because you allowed them access over you property, then it's a tit for tat and it can go other way in court.

Your post is as clear as mud. You talk about the neighbors having an easement to use the driveway, then you start talking about them using your yard, then jump back to asking about losing the easement.

A deeded easement gives use of land for purposes of crossing over it. An easement by necessity is where someone cannot reach the public road unless they cross your property. An easement by prescription is where someone gains easement rights simply by crossing your property regularly for a certain number of years without your permission.

Adverse possession is not an easement. When someone openly uses your property as their own for a certain number of years without your permission, they can file a suit for ownership.

Now , with that info, why don't you take your time and explain your situation so we can understand it?

Sandy,

I suggest a permant physical boundary barrier such as a fence.

There are all types of fence materials which maybe make your point without blocking a view etc. Split rail, fence sections spaced apart, short stone wall... For a similar situation we drove several metal fence T posts, enough to stop vehicles.

Also is this easement recorded? Or "common knowledge"?

DON PA it seemed to be explaned pretty well from my read.

THIS IS MY YARD AND i WANT THEM TO STOP USING ANY PORTION THEY'RE NOT LEGALLY ALLOWED TO USE.

Get a survey. A real survey, not just corners marked. Put up a fence right along the edge of the easement and right on the property line and be done with it.

As long as their easement isn't blocked, it is the neighbor's problem about how they get in and out of their property.

Agreeing with Don about different issues and with Robert being it must be (in Pennsylvania I forget all the words) but I believe exclusive is one of them along with hostile.

Hopefully, you are on friendly terms with the neighbor.

If you post it or build a fence right against their house, that will change.

If they are accessing your yard for the purpose of weed-whacking around their house - or something like that - GOOD!

Like Robert said, the key word is "ADVERSE". This means without your permission.

All you need to do is type up a letter giving them permission to use your edge of the land (for the above, good reason). Make it permission for a good period, like ten years. Ideally, have them sign it, too. Then keep it for your records - a copy for them, too.

When you go talk to them in a friendly manner, do not accuse them of trying to steal your land.

More like:

It's just, you know, in case you sell your house to someone else or something - just to keep everything clear & legal. You're still welcome to come around & do weed-whacking. I know you won't take down one of my trees or anything crazy.

Thanks so much for your thoughts.

Robert J, thanks so much for your wise counsel. I will have to talk with an attorney over this.

Plenty, yes the easement is along the road and it is a corner of my property, so the fence would sit along their driveway. I would be effectively fencing off the bottom corner of my property.

DON, sorry if it’s clear as Mud. It is not just an issue with adverse possession, but also laws associated with an easement.

Brad, thanks, I’m thinking of a basic 3-rail wood fence, like you see at horse farms. I just would stain it a natural brown. I’m thinking this may be easier to maintain and replace rails as needed.

Let me explain more detail if you’re interested.

The easement is recorded and Is “common knowledge”. It is a very small driveway equal to 1- 1/2 car lengths and which leads up to the 1 car garage and house are built just on their side of the property line. The easement is part of our property, as well as all the property between the two houses. The neighbor is newer, as the house was sold last fall, and his friend owns it. His friendowner btw is a RE investor. So that also makes me concerned, since maybe he thinks I’m not aware of the laws?

I did talk to the neighbor and asked him why he cut the grass. He was nice about it, and said he got carried away. And I said (Nicely) well this is my property. He said he understood.

Oregon woodsmoke, thank you, yes I think this situation requires a full survey as well.

After I discuss with an attorney, I will, if needed, put up a fence with a “no trespassing” sign. My concern is in so doing, I don’t want to give away any rights to the easement. This area has many properties where owners have torn down the old houses and built million dollar triplexes, each with a garage in front along the road. And our house sits on three lots with amazing views. I want to preserve that right in the future.