Legal Question in Real Estate Law in Colorado
Easement on Our Property
Our neighbor has an easement on our property for a driveway. We do not want him to pave the easement as it will ruin the look of the land. Does he have to get our approval to pave the land on the easement?
1 Answer from Attorneys
Re: Easement on Our Property
This is not an easy question. The first place to look is the easement agreement. If that is not entirely clear, then it gets complicated.
The owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement. However,
improvements constructed by the owner of the easement must not unreasonably increase the burden on the servient estate and must have been reasonably foreseeable by the parties at the time the easement was established.
If you cannot resolve this matter, you should contact a real estate attorney for assistance.
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