An easement is a legal right that allows someone to use another person’s property for a specific purpose, without owning it. It is one of the most common and consequential property rights issues in Colorado real estate, affecting everything from where you can build a fence to whether a utility company can dig up your yard. Baker Law Group, PLLC helps Colorado property owners, buyers, and sellers understand exactly what easements mean for their property, what rights they retain, and what to do when an easement becomes a dispute.
This page explains what an easement is, the three main types, who owns right-of-way property, whether a property owner can block an easement, and what every Colorado buyer and owner should know before it becomes a problem.
What Is an Easement on Property?
An easement gives one party the legal right to use a portion of another party’s property for a defined purpose. The party benefiting from the easement is called the dominant estate. The property that bears the easement is called the servient estate.
Critically, an easement does not transfer ownership. The property owner retains title to the land. The easement simply limits one specific right — the owner cannot interfere with the easement holder’s defined use. That distinction matters enormously in practice. A property owner with a utility easement on their land still owns every inch of it. Even so, building a permanent structure over the utility corridor is not permitted, and the utility company can access that portion of the land to install or maintain infrastructure.
Easements can be created in several ways in Colorado. A written deed or agreement can grant them expressly. They can arise by necessity when a landlocked parcel has no access to a public road. Long-term use under the prescriptive easement doctrine can establish them. The circumstances of a property sale or subdivision can also imply them.
Once Colorado properly creates and records an easement, it runs with the land. This means it transfers automatically to new owners when the property is sold. A buyer who purchases a property without discovering an existing easement is still bound by it. This is one of the most important reasons title searches matter before any real estate transaction. The importance of title searches in real estate transactions explains how easements and other encumbrances come to light during the due diligence process.
What Are the 3 Types of Easements in Colorado?
Colorado recognizes several types of easements, but three are the most common and most likely to affect property owners.
Appurtenant Easement
An appurtenant easement is attached to a specific parcel of land rather than to a specific person. It benefits the dominant estate and burdens the servient estate. Because it runs with the land, it transfers automatically when either property is sold. A shared driveway between two neighboring properties is a classic example. When either property changes hands, the easement continues.
Easement in Gross
An easement in gross benefits a specific person or entity rather than a neighboring parcel. Utility easements are the most common example. A power company holds an easement in gross allowing it to maintain power lines across private property. The easement belongs to the utility company, not to any neighboring landowner, and it exists regardless of who owns the underlying property.
Prescriptive Easement
A prescriptive easement arises when someone uses another person’s property openly, continuously, and without permission for a statutory period. In Colorado, that period is eighteen years under C.R.S. § 38-41-101. If a neighbor has crossed your land on the same path for eighteen years without permission or objection, they may have established a prescriptive easement. This is why property owners should address unauthorized use of their land promptly rather than ignoring it.
A fourth type worth knowing in Colorado is the easement by necessity. Courts recognize this when a parcel has no access to a public road and the only way to reach it is across a neighboring property. Colorado courts can recognize and enforce easements by necessity to prevent land from being rendered useless.
Who Owns Right-of-Way Property?
Right-of-way is a specific type of easement that allows someone to travel across another person’s property. The underlying land still belongs to the property owner. The right-of-way simply grants the easement holder the right to pass through.
In Colorado, right-of-way property comes in several forms. Local governments or public utilities typically own or hold public rights-of-way, such as roads, sidewalks, and utility corridors. The adjacent landowner may own the land beneath the right-of-way in some cases, but the public or the utility retains the right to use it for its designated purpose.
Private rights-of-way exist between neighboring property owners. A landlocked parcel may have a private right-of-way across an adjoining property to reach the public road. That right-of-way is an easement appurtenant and follows the dominant estate through every sale.
The answer to who owns right-of-way property therefore depends on the specific right-of-way in question. For public rights-of-way, the government or utility typically holds the easement while the adjacent landowner retains underlying title. For private rights-of-way, the neighboring property owner holds the easement right while the servient estate owner retains title to the land beneath it.
Disputes over the scope, location, and ownership of rights-of-way are among the most common real estate conflicts in Colorado. How Colorado law handles easements and property boundary disputes covers the legal framework for resolving these disputes when they arise.
Can a Property Owner Block an Easement?
Generally no. Once the law establishes an easement, the servient estate owner cannot unilaterally block or interfere with the easement holder’s right to use it. Doing so exposes the property owner to legal liability and a court order requiring them to remove whatever obstruction they placed.
Specific situations where blocking an easement is illegal include building a fence, wall, or structure across an access easement, placing fill material or landscaping that obstructs a drainage easement, blocking a utility corridor with a permanent structure, and denying access to someone who holds a valid access easement.
Limited circumstances do exist, however, where a property owner can legally challenge or limit an easement. If fraud or mistake created the easement, a court can void it. If the easement holder has abandoned it through long-term non-use combined with clear intent to abandon, the easement may be extinguished. If the purpose for which the parties created the easement no longer exists, a court may terminate it. And if the easement terms place limits on how and when the holder can use it, the property owner can enforce those limits.
The key word is legally. A property owner who disagrees with an easement must pursue their challenge through the courts, not by physically blocking access. Self-help remedies — such as putting up a fence or gate across an access easement — almost always result in court orders and attorney fees in addition to the underlying easement dispute.
For property owners in Denver dealing with an easement dispute, a Denver real estate lawyer at Baker Law Group, PLLC can assess whether the easement is legally enforceable and advise on what options exist to challenge, limit, or remove it.
How Easements Affect Colorado Property Rights
An easement does not eliminate a property owner’s rights. It limits them in a specific and defined way. Understanding the scope of that limitation is essential for any property owner an easement affects.
Development restrictions. A property owner cannot build structures, pave surfaces, or make improvements that interfere with an existing easement. On smaller lots where an easement corridor takes up a meaningful portion of the buildable area, this can significantly affect development plans.
Maintenance responsibilities. The easement agreement’s terms determine who maintains the easement area. In many cases the easement holder is responsible for maintenance within the corridor. In others the property owner bears some or all maintenance obligations. The specific terms of the recorded easement control this question.
Property value implications. Easements can affect property value positively or negatively depending on their nature. An access easement that benefits the property typically adds value. A utility easement that restricts development on a large portion of a lot can reduce it. Buyers should understand the easements affecting a property before making an offer.
Transfer on sale. As noted above, easements run with the land. A seller cannot simply choose not to disclose an easement. In Colorado, sellers must complete the Colorado Seller’s Property Disclosure form. Failing to disclose a known easement that materially affects the property can expose the seller to post-closing liability.
For Colorado Springs property owners dealing with development restrictions caused by an easement, a Colorado Springs real estate lawyer at Baker Law Group, PLLC can advise on the specific scope of the easement and what development options remain available.
How to Find Out If Your Property Has an Easement
A title search conducted before a real estate transaction typically uncovers easements. A title search reviews the recorded documents in the county property records and identifies all easements, liens, and encumbrances that affect the title.
Not all easements appear in recorded documents, however. Prescriptive easements arise from use rather than written agreements and may not be recorded at all. A physical inspection of the property can reveal evidence of an existing prescriptive easement, such as a worn path, tire tracks across a field, or utility infrastructure on the land.
For buyers, the practical steps to identify easements before closing are a title search through a title company, a survey of the property that identifies easement corridors, a physical inspection of the property for signs of use, and a review of the seller’s disclosure documents.
For current owners who suspect an undisclosed easement exists on their property — or who discover a prescriptive easement arising from a neighbor’s use — speaking with a real estate attorney before taking action protects your legal position.
Get a Clear Answer on Your Easement Before It Affects Your Property Value
Easement questions have real financial and legal consequences. They affect what you can build, what your property is worth, and what rights you can enforce or resist. Getting the wrong answer costs property owners significantly.
Baker Law Group, PLLC helps Colorado property owners understand, challenge, and enforce easements across the state. Whether you are a buyer discovering an easement before closing, an owner dealing with a neighbor’s disputed access claim, or a developer trying to understand what you can build on an encumbered lot, our attorneys give you a direct assessment and a clear plan.
For property owners in Fort Collins and Larimer County, a Fort Collins real estate lawyer at Baker Law Group, PLLC handles easement analysis, title disputes, and property rights questions throughout Northern Colorado.
Contact Baker Law Group, PLLC today to schedule a confidential consultation and find out exactly what an easement means for your property and your rights. If your easement situation has already become a dispute, when you need a lawyer for property disputes explains the situations where legal representation makes the most difference.
