Neighbors using easements as public property

[lynnp27]

What is the name of your state (only U.S. law)? Colorado

My neighbor prowls around the back of everyone's property in this mountain subdivision using the excuse that she is only walking on easements and it's public. I think it's private property with use allowed only to the utility companies that have the easement granted to them. Is my neighbor trespassing? Can I find this in Colorado Revised Statute?

 

[JustAPal00]

If the property is yours and the easement is for the utility company only, then yes she is trespassing. Find out exactly how the easement is worded in the deed. If it is for the utility company only then post no trespassing signs. If she continues to do so, call the police.

 

[lynnp27]

Yes, the easement is stated as a public utility easement. I guess she just saw the word "public" and thought she had rights. Thank you very much for the quick answer.

And I like your signature. I recently saw someone write, "Illegal is not a race. Neither is Stupid. Being against either is not racist."

Have a great day.

Lynn

 

[drewguy]

What is the name of your state (only U.S. law)? Colorado

My neighbor prowls around the back of everyone's property in this mountain subdivision using the excuse that she is only walking on easements and it's public. I think it's private property with use allowed only to the utility companies that have the easement granted to them. Is my neighbor trespassing? Can I find this in Colorado Revised Statute?

Check with the subdivision as well. It's possible that in creating the subdivision they retained some easements for hiking/walking. Not sure from your post how far into the backyard she's walking . . .

 

[lynnp27]

Thanks, drewguy. A few years ago, the horse owners in the subdivision (minimum 4 acre lots) wanted to pass something to say they could ride on all of the property boundary lines including utility easements. It went down in flames for any number of reasons. But that's what gave me the idea, from that memory, that people had no right to use the easements.

Now to notify the prowler....