Determining Ownership Of A Right-Of-Way

[kirk2020]

Larger Version

The blue is a ROW (as I understand things). It's a historical dirt alley from the late 1800's that now has utility poles on it.

Neighbors A and C recently (last year) extended their fences onto the ROW(in Blue). Access to my house is via the ROW. Neighbor E just built a fence yesterday from their property to Neighbor D's property (in Red), effectively blocking the walking path access to my house, supposedly with permission of Neighbor D. All red, black, and grey lines are fences. The real concern here is JUST the red fence.

Reason doesn't seem to be an option here unfortunately so what are the legal options?

1. How I can find more information on the ROW, and prove it does exist(e.g. do I have a case)? Preferably without a lawyer initially at least. I've looked at the house deed and it doesn't mention any of the ROW's (front or back of the house).

2. Assuming I do have a ROW on this property, what legal means do I have of regaining access?

This is in Denver, Co

The way I understand ROW, someone owns the land, and then other people have rights to travel across that land (typically to access their land). Who is likely to "own" this land? Is it likely city land and we all have ROWs on it or is it broken up into bits that each of us own, and each of us has ROWs on each others property?

Thanks,
Kirk

[seniorjudge]

1. How I can find more information on the ROW, and prove it does exist(e.g. do I have a case)? Preferably without a lawyer initially at least. I've looked at the house deed and it doesn't mention any of the ROW's (front or back of the house).

A: A quiet title suit; you would have to prove by testimony and other evidence that the easement has existed x number of years.


2. Assuming I do have a ROW on this property, what legal means do I have of regaining access?

A: See answer #1.


3. The way I understand ROW, someone owns the land, and then other people have rights to travel across that land (typically to access their land). Who is likely to "own" this land? Is it likely city land and we all have ROWs on it or is it broken up into bits that each of us own, and each of us has ROWs on each others property?

A: Before you do anything, have a title company run a report on that land and see exactly what is on the record.

[lwpat]

Contact the utility company. If the fence blocks their access, they may have it removed. Check with codes to see if a permit was required for the fences. Get a copy of the neighbors deeds to see if their deeds include the ROW.

[kirk2020]

Contact the utility company. If the fence blocks their access, they may have it removed. Check with codes to see if a permit was required for the fences. Get a copy of the neighbors deeds to see if their deeds include the ROW.

Thanks for the info...It looks like a permit is required and of course there wasn't one...complaint has been filed, curious how long the city will take to get someone out to inspect it.

Should the neighbors deeds be on public record that I can just request myself?

Also called the utility company and they said they'd come out, but my impression is they would only take it down if they need to get heavy equipment in there...when a utility guy was just checking stuff out solo last month he was just hoping over the fences from the other neighbors.

I'm also trying to find a way to complain to the city about the blocked "public" right of way.