Our lot backs to Florida Road, and we have a 6 foot privacy fence. When Florida Road was improved, another fence was constructed about 6 or 8 feet from our existing fence. We have no access to this strip of land. Now there are Russian olives, Siberian elms and numerous weeds growing in this area. Are we responsible for maintaining this no-man’s land, or the city? – Neighbor to (Plant) Thugs
How appropriate. Durango now has a Garden to Nowhere.
Anyway, the city should be on the hook to pull weeds and eradicate junky trees. After all, it’s city property.
But since the no-man’s land is fenced off, it’s doubtful the city will install a weed-whacker access gate.
So consider this an unexpected windfall.
First, take down your privacy fence and make some sort of personal flag. Action Line suggests tying a ratty old Snowdown T-shirt to a broomstick.
Next, thrust your personal flag in the ground with great pomp. Then utter a statement about claiming this territory for the realm or whatnot.
Now the land is yours! At least that’s how it used to work 500 years ago. But there’s a good chance that property law has evolved since the Age of Exploration, so Action Line checked in with an expert, a good friend and ace real estate attorney Geoff Craig.
With property disputes, there is the notion of “adverse possession.” This is when a trespassers can gain title to an otherwise neglected property under certain conditions and after certain amount of time.
In Colorado, a trespasser needs to possess the land for 18 years, or after seven years of paying property taxes and “color of title.”
“Color of title” is a written document showing a good-faith belief that the squatter is legally entitled to the land.
But there is a catch, Geoff pointed out. “Adverse possession doesn’t apply to government property,” he said.
The reason: people would start claiming public land for their personal use, kind of like that nutball rancher in Nevada.
The legal recourse is to ask the city for an easement or license to use city property.
Or you could just be a green-thumb squatter. Get rid of the noxious weeds and junky trees and expand your backyard 6 or 8 feet toward Florida Road.
A row of evergreens would create a lovely noise barrier without much effort.
Just know the city could “reclaim” the land at anytime, but there’s a slim chance of that.
In this situation, they’ll probably be glad to have accommodated squatters, claim jumpers and usurpers.
H H H
The Mea Culpa Mailbag has another excellent addition to the Durango Dictionary. It’s the word “pooch.”
“Pooch” is a combination of “poo” and “pouch,” thus describing the green bags of dog duty that people dutifully leave along the Animas River Trail.
That the word “pooch” is also another term for dog makes it all the better.
“The ‘pooch’ thing is a truly astounding local phenomenon,” an anonymous reader writes.
“Here we have dog owners going to the trouble to carry the green bags. They immediately pick up after their dogs. They make the effort to tie a knot in the bag – and then they carefully set a ‘pooch’ along the trail for someone else to pick up. I just don’t get it.”
Email questions to actionline@durangoherald.com or mail them to Action Line, The Durango Herald, 1275 Main Ave., Durango, CO 81301. You can request anonymity if you know the words to the song “Don’t Fence Me In.”