| small structure on my property
What is the name of your state (only U.S. law)? Colorado
My neighbor recently built a small structure on my property. The structure consists of three vertical 4x4 posts with wooden lattice in between. The whole structure is about 5 feet high and 16 feet across. Based on the plat drawing that I got from the city building inspector's office, the structure is entirely on my property. The structure is parallel to my property line and is approximately 3 feet away from the property line. In addition, one half of the structure was placed about 4 inches away from the side of my house, so I will be unable to paint my house or maintain it without at least damaging the structure. (In fact I think I'd have to take most of it down.) From talking to the building inspector, even if I had erected the structure myself, it is too tall to comply with easement restrictions.
The problem is more complicated because my privacy fence runs parallel with the trellis structure. I was only able to see a small portion of the trellis structure after it was built. I did not see the portion built next to my house until many weeks later. In addition, I do not have direct access to that portion of my yard. In order to take down the trellis, I would either have to climb over my fence first or take the fence down. My neighbor has only been in her house for less than 3 years, so I think adverse possession is not an issue. (The Colorado law is 18 years, and the previous owner would support me without hesitation.)
I am planning to talk to my neighbor about the problem to try to get her to understand that it's in both of our best interests that she take it down. But I want to understand what the legalities are first.
Am I allowed by law to take the new structure down myself, assuming it is indeed 100% on my property? Can I pay someone to take it down and charge my neighbor? I am concerned that my neighbor will become angry and resentful if I tell her it needs to come down. Are there any precautions that I can take against her damaging the side of my house out of spite?
It seems to me one of my options is to take down my privacy fence to provide access to the remaining 3 feet of my property, thus allowing me to take down the trellis. I don't really want to do that, but she benefits from the privacy fence as much as I do, and I think the prospect of my having to take it down might persuade her that it is in her best interest to take the trellis structure down herself.
Also, does anyone know of local departments I can contact? I have spoken with the building inspector and he said it's quite clear that the property line extends 3 feet beyond the side of my house; hence the trellis structure is just shy of 3 feet inside my property line. I don't have an HOA.
Thank you very much for any and all advice that you can give me.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?  | 
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