My question involves real estate located in the State of: Colorado, El Paso County
I have a situation where a local Utility company has an easement on the back of my property, in sum there is a 10’ easement for a gas company at the furthest end, followed by a 30’ drainage and utilities easement. The builder placed a 3 rail fence at about 44 – 45’ off the back property line where I was told the fence ‘must be located’. They did this along the entire length of the subdivision. Now 5 years later, I was planning on putting up a privacy fence to replace the 3 rail – purchased my materials – called for locates (not figuring to have a problem as everything comes in on the front of the lot) only to find there is a fiber line and 2 large mains buried directly under my fence. It runs within 6” of the outside to about the ¾ point where it moves inside about a foot. The locator also indicated it looked like the line had been hit during install depth went from 2.5' to 18" there.
I did find the property pins with the survey markers still on them to establish the distances. The Utility Company has now been dragging their feet for more than a month, and I am running out of time to get the fence put in place. What I would like to know is what are my options for compensation? I have offered to sell them the easement IF they put up the fence I have already bought to my specifications and maintain it in like kind going forward… What is an easement worth? They told me they would have to move a 1300’ run of fiber to move it back to their easement.