Building a Fence on a Utility Easement in Colorado
If you plan on building a fence on a utility easement in Colorado, you’ll need to understand the legal and practical implications. We’ve been asked to handle this type of job many times, so we’re writing this blog to answer some of your questions upfront. At Country Construction, we provide fencing solutions tailored to Colorado's unique landscape and legal requirements.
The Short Answer: Can You Build a Fence on a Utility Easement in Colorado?
You can build a fence on a utility easement in Colorado, but it must not obstruct its intended use. Always check local laws and obtain necessary permissions before starting construction.
Understanding Utility Easements
Utility easements are designated areas on private property that allow utility companies to access and maintain their infrastructure, such as power lines, water mains, and drainage systems. These easements are essential for providing necessary services to communities. Property owners must know that utility easements are usually marked on their property documents and can be identified by visible markers or flags indicating underground or above-ground utilities.
Legal Considerations
Building a fence on a utility easement requires careful attention to legal requirements. First, property owners should review their title documents and easement agreements to understand the specific terms and limitations. While owners retain rights to their property, they must ensure that any structures, including fences, do not obstruct the easement's intended use. Utility companies have the legal right to remove any obstructions that hinder their access to the easement. Therefore, consulting with a real estate attorney is advisable.
Practical Steps Before Building
Research Local Laws: Understand the state regulations and ordinances regarding easements and fencing. Colorado law, for instance, mandates that utility companies must have unimpeded access to their easements for maintenance and repairs.
Consult with Professionals: Engage with real estate attorneys and surveyors to ensure your plans are legally compliant and accurately located. Attorneys can provide legal advice on easement agreements, while surveyors can help mark the exact boundaries of the easement on your property.
Communicate with Utility Companies: Before starting construction, contact the relevant utility companies to discuss your plans and obtain the necessary permissions. This step is crucial to avoid future conflicts and ensure that the fence will not obstruct utility access.
Consider Easement Type: Different easements, such as utility, drainage, or right of way, have specific requirements and restrictions. To avoid legal issues, ensure that your fence design and placement adhere to these specific needs.
Colorado-Specific Regulations
In Colorado, specific regulations govern the construction of fences on utility easements. Property owners must provide utility companies with access to the easement for maintenance and emergency repairs. Additionally, some municipalities may have stricter regulations or require permits for such constructions. For example, Denver and Boulder have specific ordinances that may affect easement use and fence construction.
It’s crucial to check with local authorities and possibly seek legal counsel to ensure full compliance with these regulations. Notably, Colorado case law has consistently upheld the necessity of unobstructed easement access, reinforcing the importance of adherence to these rules. Obviously, contacting a lawyer will result in more money spent on your fence, but it can save you money and legal trouble down the line.