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A good neighbor is one that you can talk
to and reason with, especially on issues that are as important, and that
can be as contentious as, fence lines, boundary lines, and access. Many
times the issue arises when a new neighbor arrives and has no idea of
the local custom or the law that pertains.
The best result where these issues exist is an agreement between
neighbors, that is put in writing so that its terms are clear.
However, achieving this result requires that each party consider
the interests of the other and that each party want to be a
“good neighbor.”
There are some basic rules under Colorado law,
that are important for a property owner to recognize, before entering
into either a confrontation or negotiations with a neighbor:
First, if you do not want livestock on your
property, it is your responsibility to fence them out.
If the livestock are coming up your driveway, you may have to add
a gate, even though this may be an annoyance to you.
The fence has to be constructed in such a manner that it is
effective to keep the livestock out, and the rules in this regard are in
the Colorado statutes.
Second, fence lines do not always
equate to boundary lines. Sometimes a fence was built where the owner thought was the
boundary. Sometimes there
were old, erroneous boundary markers.
Sometimes a fence went where it was convenient, such as along a
ridge at the top of a steep slope, rather than across the slope.
If the fence was supposed to be the boundary and has been used as
the boundary for more than 18 years, then it MAY be the boundary. But – unless there is an agreement between neighbors – it
may take a lawsuit and a court order to establish this.
Finally, most access easements are unique.
Some are created by a deed, some by historic usage, some by an
agreement between property owners, and some by court order.
If there is a deed or other document, that will set forth the
basic terms which apply. However, an easement for a 20 foot wide
“right of way for access” leaves open issues such as where snow can
be stored, whether utility lines are permitted, whether gates can be
established, and who has responsibility for maintenance.
If there is no document, then the easement will be based upon
usage, which can be established by an agreement, or can be established
by a court order, after evidence has been presented in the context of a
lawsuit.
As a last resort, the courts are always
available to resolve these disputes and to declare the rights of one
neighbor in a dispute against another.
The costs of taking this approach can be high.
They include time, money, and stress.
And, while the parties to a lawsuit may be wiser at its
conclusion, they are much less likely to be friendly and supportive
neighbors.
 
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