Regarding Land Encroaching Neighbor

24 May 2015 12:39 - 24 May 2015 12:40 #1 by Ashley
Since I don't go to another website this is a response to the Land Encroaching Neighbor who lives in Burland.

Save yourself and others a lot of grief, get a survey from someone like Crow Hill Consulting who is very inexpensive besides being good and then and only then give notice to your neighbor BEFORE removing any fencing or you can find yourself in a heap of trouble like another person who I know was for removing w/o notice in spite of survey. Here is part of an applicable statute. Thanks.

www.lexisnexis.com/hottopics/colorado/

C.R.S. 35-46-114 (2014), TITLE 35. AGRICULTURE, LIVESTOCK, ARTICLE 46. FENCE LAW, 35-46-114. Fence may be removed - when, COLORADO REVISED STATUTES

When any person unwittingly, or by mistake, erects a fence upon the land of another and when, by a line legally determined, that fact is ascertained, such person may enter upon such premises and remove such fence at any time within one year after giving or receiving notice that the line has been run; but when the fence to be removed forms any part of afence enclosing a field of the other party, having a crop thereon, such first person shall not remove such fence until such crop can, with reasonable diligence, be gathered and secured.
... section provides for right of access by one land owner to remove fence. Kelly v. Mullin, 159 Colo. 573, 413 P.2d 186 (1966). ...

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24 May 2015 13:28 #2 by Ashley
Better yet, since there was a survey in 2006, contact the surveyor if they are still in business and ask them to 'make visible' the survey points. They will often do it for nothing or for very nominal amt since they will have all the calculations from the survey. Then give notice to the neighbor and remove or have them remove it.

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