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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am a resident in Pitkin County, CO. where I own a 37A

Customer Question

I am a resident in Pitkin County, CO. where I own a 37A parcel in a subdivision. An adjoining lot was recently sold with an approved building envelope. Without a public hearing the new owner executed and recorded a lot line adjustment with another neighbor with the intent to establish a new building envelope which would be much closer to our home causing(in my opinion)a devaluation of our property. Your opinion.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 months ago.

You mention "without a public hearing," which leads me to believe a hearing is necessary. Can you expand on that? Also, you mention that it was an "approved building envelope." I am presuming that is similar to getting a building permit. If that is not right, let me know. Finally, the "lot line adjustment" without a hearing, was that approved? How was the neighbor able to record it? One more thing, did you speak with your neighbor about it or the county?

Customer: replied 9 months ago.
Well Damien, let me get more specific. I live in a subdivision wih 14 parcels each exceeding a minimum of 35A. I own Lot 4. Lot 3, with an approved building envelope, was sold this summer. The new owner then went to the owner of Lot 2(also bordering on my property line)and executed a lot line adj without formal review or public notice to me or other adjoining neighbors. The new owner's intention is to relocate his currently approved blding envelope to another site on Lot 2(with a 1041 application to the county). If approved, this will result in having his building envelope very close to our house(for this area)and a resulting million dollar(my estimate)loss in value to my property. So I am not a happy camper. Yes, I have consulted with the County and am awaiting more details. The County is unaware the Lot Line Adj has been filed and recorded. This new neighbor is pretty sneaky. He never discussed this with me or other lot owners. In short, I want to prevent this guy from relocating his blding envelope closer to our house. He will shortly file a 1041 and then the wheels start turning. Hope this helps.
john Morton. Only interested at this point in emails. What state do you practice in?
Expert:  Damien Bosco replied 9 months ago.

I practice in New York. If you want a Colorado attorney, I can opt out and if one is available the can get back to you. Recall, Just Answer is not a law firm, nor provides legal advice (meaning telling you what steps to take). If you want to continue, let me know. I have some thoughts.

Customer: replied 9 months ago.
Damien, guess I should have cleared that up first. Pretty sure I need a CO lawyer. Many thanks.
Expert:  Damien Bosco replied 9 months ago.

Hi John: I will opt out of this question. No need to respond now as it may delay the process. Experts will see this question is open and if there is a Colorado attorney on line or interested in answering, they will get back to you. Good luck.

Expert:  Attyadvisor replied 9 months ago.

I am a different Attorney. I have checked with the site and at this time we have no Colorado licensed Attorneys. Thant being said I have been in practice for 28 years in multiple jurisdictions and I am very familiar with this area as I have worked for county government. The procedures are very similar throughout the Country, it is only a matter of looking at the particular codes for the municipality. Let me know if I can be of assistance to you. If not I can provide a link for Attorneys in your area that provide FREE consultations and are familiar with this area of law. Sometimes it just takes the mention of an attorney to have the county listen to reason.

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