Expert Boulder & Denver Easement Lawyer

Introducing Mark Cohen who specializes in easement disputes in Adams County, Arapahoe County, Boulder County, Clear Creek County, Gilpin County, Jefferson County, Denver County, Summit County, and Grand County. Because of his expertise in agricultural law he has also represented clients in easement disputes involving properties on Colorado’s eastern plains.

Mark Cohen - Colorado Easement Lawyer

Why hire Mark Cohen for Easement law?

Mark’s expertise is well-known. In 2019, he gave a presentation to the Colorado Bar Association on Mountain Real Estate Issues. In 2021, he presented a continuing legal education webinar on easement law for Half Moon Education. In 2022, he presented Easement Law for Surveyors at the 12th Annual Rocky Mountain Surveyors Summit.

Those who own property in a platted subdivision can often access their parcel from a public road. But for those who cannot, an easement may be the only way to obtain legal access to their property. Legal access is important because trespass is a crime and because a county or municipality will not issue a building permit if the owner does not have “legal access.”

Colorado defines an easement as “an interest in property which, though distinct from an ownership interest in the land itself, nevertheless confers on the holder an enforceable right to use the property of another for a specific purpose.” Wright v. Horse Creek Ranches, 697 P.2d 384, 387-388 (Colo. 1985).

See Mark's expert accomplishments & profile.

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The Servient Estate and the Dominant Estate

The property burdened by the easement is customarily known as the “servient estate,” while the property benefited by the easement is called the “dominant estate.” Bijou Irrig. Dist. v. Empire Club, 804 P.2d 175, 183 (Colo. 1991).

The owner of the servient estate enjoys all the rights and benefits of proprietorship consistent with the burden of the easement; while the rights of the owner of the dominant estate are limited to those connected with use of the easement. Id. An easement in gross does not have a dominant estate, only a servient estate. Sinclair Transportation Co. v. Sandberg, 350 P.3d 924 (Colo. App. 2014).