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Have an easement question in Colorado, Colorado, not in

have an easement question in...
have an easement question in Colorado
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Has any paperwork been filed?
Customer: not in court, lawyers working on each side
JA: Anything else you want the lawyer to know before I connect you?
Customer: we have an ingress and egress easement to our property, 30 ft. We sometimes have to park on the easement in the Winter, because we cannot get up our road, 1 mile up a mountain. so we have a chained up vehicle to get up and park our daily car at the bottom of the hill, on the easement. the owner of the property says now, no parking on easement. Isn't this our easement and can he say not to park in bad weather conditions, or visitors not parking to visit us on the mountain, because they don't have a truck to get up the hill?
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Answered in 36 minutes by:
8/23/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,761
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

An easement for ingress and egress unfortunately does not allow parking unless the easement itself says otherwise. Your neighbors own that land, and they've agreed to allow you to travel across it. However, they didn't agree to let you park on it. You don't have any right to allow other people to park on their land, because it's not your neighbor's fault if your friend's car can't make it up the mountain. Your friends are running the risk of getting sued for trespassing (or getting charged with a crime).

There are a couple of options here:

  • Drive the chained vehicle down to get friends when they're visiting.
  • Offer to pay your neighbor for a separate easement that allows parking (at least during the winter).
  • Look for an alternate route that would be easier for people without chains or snow tires to navigate (I don't know if this is feasible, because it depends on your terrain).

If none of those works, you may be looking at limiting your entertaining to times when there's no snow on the ground.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 3 months ago
What if I am on my easement (road) and heading up the mountain to my home and get stuck... leave my car on my easement walk up the mountain. Then the next day, walk back down and drive my car to work. only emergency parking overnight. Is that not allowed or could I get a judge to make an exception to our easement use.

If your neighbor took action against you for trespassing, it's possible you'd be able to use necessity as a defense. But that word is strictly construed, so the judge could also consider whether you could have gone back down the mountain and whether you could have gotten the car towed up/down at the time it was left.

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Customer reply replied 3 months ago
He also has a front gate we have to open and close and in the winter he keeps herd of horses and cattle that are encroaching on the easement and I have to drive through them. Are we allowed to ask the judge to have him fence his livestock so they are off the easement that we have to travel everyday, and are we allowed to ask for NO GAte?
Customer reply replied 3 months ago
are you still there?

I'm sorry, I had to step away for just a minute.

He cannot interfere with your use of the easement. A gate is usually OK, as long as he doesn't put a lock on it. Look to see if the easement says anything about "exclusive" use. If it does, he has to keep livestock off it and cannot have a fence there.

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You could ask that he be required to herd the animals elsewhere if they're presenting a risk to you. Or you could let him know that, legally, if one of his animals damages your car, he's responsible.

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Customer reply replied 3 months ago
says non-exclusive easement for the purposes of ingress and egress.
Customer reply replied 3 months ago
does that mean no gate? or a gate and pen up his livestock?

The gate is allowed as long as he doesn't lock it. The livestock are also allowed in a non-exclusive easement - but again, he's liable if they damage your car. You could try telling him that.

It is possible that a judge could tell him to move the livestock if there are so many you can't drive through them safely.

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Customer reply replied 3 months ago
ok thanks

You're welcome. Good luck.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,761
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,761
30,761 Satisfied Customers
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