In Colorado, there are several types of easements, and determining which one applies to your situation, and your rights to stop the use of your property, requires more information. Here are a few types of easements that may apply and the general rules for those easements based on the information you provided.

Prescriptive Easement: A prescriptive easement is established through the adverse use of another’s land over a specified period. In Colorado, the elements required to establish a prescriptive easement include:

• Open and Notorious Use: The use must be visible and apparent, giving notice to the landowner that someone is using their property.

• Continuous Use: The use must be continuous and uninterrupted for at least eighteen years.

• Adverse Use: The use must be without the permission of the landowner

Lo Viento Blanco, LLC v. Woodbridge Condo. Ass’n, 2021 CO 56.

2. Easement by Necessity

Easements by necessity are recognized when they are essential for the reasonable enjoyment of the land. This type of easement often includes not only rights of ingress and egress but also utilities, particularly when the parcel is used for residential purposes or was conveyed for such purposes. An easement by necessity is typically created when a land parcel is landlocked and requires access across another’s land.

Amada Family Ltd. P’ship v. Pomeroy, 2021 COA 73.

3. Easement by Grant

An easement by grant in Colorado is created through a formal agreement between the property owner (grantor) and the party receiving the easement (grantee). This agreement must be documented in a deed or another legal instrument that explicitly states the intention to create the easement. This type of easement is often recorded in public records to provide notice to future property owners.

4. Scope of Use

Regardless of the type of easement, the concept of the scope of use is implied in all easements. This means that even if an easement exists, the use of the property must be reasonable and within the agreed-upon scope of the easement. Any use that exceeds this scope may be subject to legal challenge.

If you would like to speak to one of our real estate lawyers to discuss your options, please contact us at (303) 688-0944.