How can I get an easement by necessity in Colorado?

An easement by necessity in Colorado allows the holder access in a described manner to another person's property. Whether you are entitled to such an easement depends on how you obtained the property, whether you have other methods of gaining access to your land, and other facts.

Colorado Easement by Necessity

There are several situations under Colorado law which entitle a land owner or other party to obtain an easement by necessity. When a property is conveyed in Colorado, any existing easement legally follows to the new owner. Thus, if an easement existed on the property when you purchased it, you may not need to establish a new easement. Some of the ways in which you may be entitled to such an easement include:

• If you own a landlocked parcel of land that is not accessible by any other reasonable means
• Ditches for agriculture and mining purposes may also be permissible under Colorado law
• If necessity for the easement existed at the time the property was conveyed
• There must be a need for the easement, otherwise it is not a necessity

Because property disputes involving adjoining neighbors can get heated, it is best to let a lawyer assess the situation and handle it carefully to avoid long-term discomfort and estrangement from neighbors.

Getting Legal Help

Easements are a real property issue, and as such, an attorney who handles real estate or real property law can help you if you have further questions about obtaining an easement on particular property.