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We purchased a home in May of 2019 (in Colorado). One side of our property is enclosed by a fence belonging to the neighbor. Therefore, there is equipment on one side of our house that we cannot access. We had a contractor out to do work for our cable in which case, they needed to access this equipment and our neighbor refused even when the police were called. Our HOA told us that all we can do is call the police or mediator. Are there laws to help us?

  • Whose property is the fence on? Is the problem that the fence must be removed, or that the contractor must stand on your neighbor's property to work on your equipment? – DJohnM May 13 at 17:33
  • The fence is connected to both houses however HOA is telling us that its all his property. The issue is exactly how you've stated, that in order to access the equipment that is mounted to our house, he must stand in the neighbor's yard – user31488 May 13 at 18:45
  • People from utility companies have certain legal rights to enter property. For instance power lines down your backyard, yeah, Edison, AT&T and Comcast all get to go out there and tough buffaloes. If your neighbor wants to create a scene and wave a shotgun around, police WILL be called, the utility might retreat for personal safety reasons, but that ain't the last act of the play. Edison/Comcast has a full legal staf. Just demand performance from the utility. They'll sort it out. – Harper - Reinstate Monica May 13 at 19:13
  • Try to access the deed; there may be an easement for utility access. – mkennedy May 14 at 22:35
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You have to sue the neighbor to get the fence removed (or threaten to do so) – let your attorney do the threatening. If you wait too long, it becomes his property, via adverse possession. Only the court can force him to remove the fence (the police will respond usefully in a potentially criminal matter, but they will not force the neighbor to remove his fence and they will not render a legal opinion as to the propriety of his fence). After (usually) 18 years of openly claiming your land against your will, he can take action to officially take the land. However, if could be as short as 7 years if there is a government document that indicates that he has title to the land, such as paying property taxes on the land.

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  • Thank you for this information – user31488 May 13 at 18:47
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    I might be missing something, but where in the question or comments is this a question of adverse possession? It sounds like theres an airconditioning unit or something mounted on the side of a house where the only access is via someone elses property - which means its a question of legal access, not legal ownership. I don't see anything where the OP is disputing the land ownership. – Moo May 13 at 23:54
  • It is implied by the fact that the neighbor enclosed part of his property by a fence. – user6726 May 13 at 23:59
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    I saw that, but i dont see a dispute about the ownership of that land. Just the issue about accessing the side of their property. – Moo May 14 at 2:08
  • @user6726 It's unclear in the question, but the OP clarified in a comment that the fence (and the land) are the neighbor's property. – mkennedy May 14 at 22:36

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