REAL PROPERTY BOUNDARY DISPUTES IN COLORADO

BOUNDARY DISPUTE LITIGATION

Boundary disputes are extremely common. Most often, they occur when two neighbors cannot agree where exactly one neighbor’s property ends and the other’s property begins. They most often come up during the buying and selling of property or new construction on existing property. But they can also arise at other times, such as when a homeowner decides to remove a tree along their property line or install a new fence, or when access to one property requires movement across a neighbor’s.

If you’re involved in a boundary dispute, whether you’re being sued, are considering suing someone else, or looking to find a resolution outside of the courtroom altogether, contact us.

Some of the most common types of boundary disputes include:

• Lot line disputes
• Fence, landscaping, and outbuilding disputes
• Access disputes
• Adverse possession claims

RESOLVING A BOUNDARY DISPUTE

While boundary disputes can be litigated, resolving the matter through negotiation, mediation, or arbitration is often the more feasible option and a good place to start. We will thoroughly research your case and determine whether the best approach for your situation is to attempt a dispute resolution or proceed with a lawsuit.

To determine the precise boundary of your property, we may review local government documents that provide descriptions, measurements, and other identifying details. In some cases, it’s in our clients’ best interests to conduct a new survey of the property. Our team will review all the relevant property information and recommend a path forward.

In the event that litigation is the best option, the lawyers at Volpe Law, LLC, are experienced in Colorado’s boundary dispute statutes and procedures and understand how to effectively move a boundary dispute through the court system.

CONTACT AN EXPERIENCED ATTORNEY IN COLORADO TODAY

If you’re the party being sued or have been threatened with litigation, obtaining counsel immediately will help you build your case and move toward resolution. Volpe Law represents landowners engaged in boundary disputes, whether they’re filing suit against an encroaching neighbor or defending their right to their own property. To talk about finding the right solution to your unique boundary dispute, contact us today at 720-770-3457 or contact us online to contact us.

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 contact us by completing our complimentary discovery call.

Understanding Zoning Laws and Property Rights in Colorado

Pursuing a dispute involves a deep understanding of the complex landscape of zoning laws and property rights in Colorado. The attorneys at Volpe Law LLC, possess a comprehensive understanding of local regulations and legal frameworks. Our Colorado boundary dispute lawyers are dedicated to helping clients navigate these complexities to protect their property interests and ensure compliance with applicable laws.

What Are Zoning Laws?

Zoning laws are local regulations that govern how land can be used within a municipality. These laws are designed to organize and control land use in a way that promotes orderly development, protects property values, and ensures the well-being of the community. In Colorado, zoning laws are administered by city and county governments, which create zoning codes that designate specific areas for residential, commercial, industrial, and mixed-use purposes.

Types of Zoning Designations

Residential Zoning: This zoning type regulates areas designated for housing. It can include single-family homes, multi-family units, and mixed residential uses. Residential zoning laws also address density, lot size, and building height restrictions to maintain neighborhood character and quality of life.

Commercial Zoning: Commercial zoning covers areas intended for business activities. It regulates the types of businesses allowed, including retail, office, and service establishments, as well as signage and operational hours to minimize conflicts with surrounding residential areas.

Industrial Zoning: Industrial zoning designates areas for manufacturing, warehousing, and other industrial activities. These zones often have specific requirements to control environmental impacts and manage infrastructure needs, such as transportation and waste disposal.

Mixed-Use Zoning: Mixed-use zoning allows for a combination of residential, commercial, and sometimes industrial uses within a single area. This type of zoning encourages vibrant, diverse communities and can support walkable neighborhoods with integrated services and amenities.

Property Rights and Zoning

Property rights refer to the legal entitlements associated with owning land, including the right to use, sell, lease, or improve the property. While property owners have substantial rights, these rights are subject to limitations imposed by zoning laws and other regulations.

Grandfathering and Nonconforming Uses: Properties that were legally established before new zoning regulations were implemented are often “grandfathered” or “nonconforming.” This means that while the property may not comply with current zoning laws, it is permitted to continue its existing use. However, significant changes or expansions may require compliance with new regulations.

Variance Requests: If a property owner wishes to deviate from zoning regulations, they may apply for a variance. A variance is an official permission to use the property in a way that deviates from the zoning code. Variance requests typically require demonstrating that strict adherence to the zoning code would result in unnecessary hardship or practical difficulties.

Rezoning Applications: Property owners or developers may seek rezoning to change the zoning designation of a property. Rezoning involves a formal application process and public hearings. It requires demonstrating that the proposed change is consistent with community plans and beneficial to the area’s development.

Legal Disputes: Disputes over zoning regulations and property rights can arise, particularly when property owners believe that zoning laws unfairly restrict their use of the land or when there are conflicts with neighboring properties. Legal disputes may involve challenging zoning decisions, negotiating with local authorities, or seeking judicial review.

How We Can Help

At Volpe Law LLC, we provide insightful legal guidance on zoning laws and property rights to help clients navigate complex issues and protect their interests. Contact us today to schedule a complimentary discovery call with a Colorado boundary dispute lawyer and learn how we can assist you with your zoning and property rights concerns in Colorado. Our goal is to ensure that your real estate endeavors comply with local regulations and achieve your desired outcomes efficiently and effectively.

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 complimentary discovery call 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 contact us by completing our complimentary discovery call.