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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Our landlord leased us land on which to store around 150

Customer Question

Our landlord leased us land on which to store around 150 tons of equipment, failing to tell us that the land overlies a preexisting sewer easement. The sewer authority has written to us insisting that we must move the equipment, but the cost to do so is around $1.5 million, and we don't have it. The landlord knew of the easement, but didn't tell us, and when asked about it, said it was our own fault for not doing due diligence. Under Colorado law, who would prevail at trial?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 3 months ago.

Hello, my name is ***** ***** I am a licensed attorney of 14 years. I am happy to assist.

Sorry to hear about this situation. Your landlord is definitely legally at fault here. The landlord does not have the legal right to rent out that land for the purpose of you storing your equipment there if that easement is there. Unfortunately you are talking about a great sum of money to move the equipment, which is really now the responsibility of the landlord legally.

In order to get this resolved, I would first send a letter outlining the issues and your legal position. Send it by certified mail, with return receipt. I would give a deadline for the landlord to respond, maybe a week or so. I completely doubt that for this sum of money the landlord will offer to pay to move the equipment, so I find it highly likely that if you want to recover your damages here you will need to get a judge involved to get a court order on this.

I wonder whether you have any insurance that may cover moving the equipment in the meantime while you and the insurance company sue the landlord to recover that money?

Let me know if you have any questions about this.

Thank you

Kim

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