Full question:
My family has owned property in Chaffee Co for over 30 years. Our property, as well as others, has been accessed by a dirt road/cultisac. Through numerouse inquiries and searches we are unable to find a recorded deed for the road. We know that no one has paid taxes on the 60ft wide road for years. Is it possible to obtain a deed for the portion of the road that ajoins our property without going through an attorney?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Colorado
Answer:
A private road is usually recorded as an easement on the deed of the lot it serves, rather than as a separate deed. An easement allows the owner to use someone else's land for a specific purpose. The land benefiting from the easement is called the dominant estate, while the land burdened by it is the servient estate.
Easements can be created in several ways: through a recorded deed, continuous and open use for a statutory period, or by necessity. Title reports often list existing easements on a property.
Once established, the easement owner has the right and duty to maintain it, unless otherwise agreed. They can make repairs, provided they don't interfere with the landowner's use. Easements can be renegotiated and may be terminated under certain conditions, such as abandonment or merging of ownership.
There are two main types of easements: appurtenant and in gross. Appurtenant easements are tied to the property and transfer with it, while easements in gross are personal and terminate upon the owner's death.
To create an easement by necessity, the properties must have been previously owned together, and access must be essential for enjoying the land. A permissive easement is a revocable allowance to use someone else's land. An easement by prescription can be gained through continuous, open, and hostile use over a specified period.
In your case, if the road is not recorded, you may need to explore whether an easement by necessity or prescription applies. Legal proceedings may be necessary to clarify the easement's status.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.