As a Colorado homeowner, the precise boundaries of your property are fundamental to your sense of security and the value of your investment. However, boundary disputes—whether stemming from a misplaced fence, encroaching landscaping, or informal use of shared space—are remarkably common and often emotionally charged. Many homeowners are unaware of the significant implications these disagreements, even over small parcels of land, can have on their ability to develop, sell, or simply enjoy their home, risking substantial financial and legal repercussions.

The implications of unresolved boundary disputes can be far-reaching, leading to diminished property value, costly legal battles, and strained neighborly relations. Key legal concepts such as quiet title actions, easements, and adverse possession dictate how these disputes are resolved, and misunderstanding them can leave homeowners vulnerable. GLO specializes in guiding Colorado homeowners through the complexities of boundary disputes, providing the clarity and legal strategies necessary to understand their rights, proactively address conflicts, and protect their property investments with confidence and peace of mind.

What is a quiet title action?

Quiet title actions are legal proceedings where a landowner seeks legal protection over their right to possess or use land. Quiet title actions are common when a landowner’s neighbor is using their land against their will and when a land survey reveals that a property line is different than the landowner and their neighbor previously thought.

If your neighbor is knowingly using your land, then you can use a quiet title action to get a court order that kicks your neighbor off your land. Filing a quiet title action is useful in adverse situations where neighbors might be using your land for agricultural purposes, such as grazing or farming, or where your neighbor has put a fence or other fixture on your land. By filing a quiet title action, you can stop your neighbor from using your land and prevent them from taking your land through adverse possession (more on that later).

Additionally, if you recently got a land survey, perhaps because you are planning to sell your property, a quiet title action can help you secure the full extent of your property. Neighbors often cross property lines by innocent mistake. Sometimes, landowners don’t even know of this mistake until they get a land survey in preparation to sell their property. In these circumstances, a quiet title action can reestablish the proper boundary lines and preserve the legal title to the full extent of your property.

Lastly, quiet title actions can be used to establish easements. There are several ways to establish an easement, but a quiet title action uniquely establishes judicial confirmation of the easement. If you are already filing a quiet title action for reasons other than creating an easement or if your neighbor is moving soon, you might want to consider establishing an easement through a quiet title action.

What is an easement?

An easement is a legally protected property right that allows individuals to use land that is not theirs. There are many different types of easements that vary in the way the land is used and the reasons for the usage. Most easements are created by landowners habitually crossing over a piece of land that belongs to their neighbor. The more often a landowner crosses the land or the more necessary it is for them to cross the land, the more likely an easement can be established.

Easements can be created by written agreements, through implication, or by a court’s validation. If you have a good relationship with your neighbor and seek to certify your usage of a portion of their land, it might be a good idea to simply enter into a written agreement that establishes an easement. On the other hand, if a neighbor uses your land, a written agreement will allow your neighbor to use your land while also protecting your legal ownership of the land.

Next, easements can be established by implication. As the name suggests, the easement is merely implied, opposed to a validated easement. These implied easements are created over time when an individual habitually uses a portion of neighboring land without any protest from their neighbor.

Lastly, easements can be established through court proceedings. This establishment is ideal in circumstances where either the landowner is moving soon or where there is a hostile relationship between the neighbors. In the first event, your neighbor may allow you to use a portion of their land, but their approval will not bear any weight when they sell their property and move. As such, a quiet title action could be used to establish an easement and establish a legally protected right to use the land regardless of who owns it. In the event of hostile use, courts will use several factors to determine whether an individual can continue using their neighbor’s property against the landowner’s will. This situation is similar to adverse possession, except this easement establishes a right to use certain property, whereas adverse possession establishes ownership of disputed land.

What is adverse possession?

Adverse possession is a legal concept where an individual can gain legal title to their neighbor’s titled land through continuous adverse usage. In Colorado, courts looks to see if an individual’s usage of the disputed land reflects the usage of an average landowner for a period of eighteen years. There are several factors courts use to make this determination, and a successful adverse possession claim results in the transfer of title to disputed property from the original owner to the adverse possessor.

Adverse possession claims can be useful if your neighbor does not use a certain portion of their land and you use it for purposes such as grazing your livestock, cultivating crops, or any other land use common to your locality.

On the other hand, if your neighbor is using your land, adverse possession incentivizes you to protect your ownership. As discussed above, quiet title actions are one of several ways to protect your land ownership.

How GLO Can Help

For homeowners embroiled in boundary disputes or seeking to proactively protect their property rights in Colorado, expert legal counsel is not just beneficial—it's essential. At GLO, our experienced Colorado real estate attorneys have extensive experience in resolving even the most complex property line conflicts, from the subtle encroachment of a fence to full-blown adverse possession claims.

We provide comprehensive guidance to homeowners, helping you understand the specific legal concepts applicable to your situation. Whether you need to initiate a quiet title action to definitively establish your property lines, negotiate a formal easement agreement with a neighbor, or defend against a claim of adverse possession, our team has the knowledge and strategic acumen to protect your interests. We assist in gathering crucial evidence, interpreting land surveys, and representing your rights vigorously in negotiations or, if necessary, in court. By understanding the intricacies of Colorado property law, we help you avoid costly mistakes, mitigate risks, and achieve a clear, legally sound resolution to your real estate boundary disputes. Our goal is to provide you with the peace of mind that comes from knowing your property is truly yours, defined by clear and enforceable boundaries.

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GLO has prepared this blog to provide general information on legal issues that may be of interest. This blog does not provide legal advice for any specific situation and this does not create an attorney-client relationship between any reader and GLO or its attorneys. GLO engages clients only through specific signed fee agreements. GLO does not guarantee any results.

That’s Over the (Property) Line! Boundary Disputes Between Neighbors in Colorado