Chapter 4 - § 4.10 • EASEMENTS FOR ENCROACHMENTS

• Jurisdiction: Colorado

§ 4.10 • EASEMENTS FOR ENCROACHMENTS

The actual physical boundaries in a common interest community may vary from those described in the documents — generally the declaration or a plat or map¹¹² — either from the outset, or over time with settling.¹¹³ Thus, the CCIOA provides for an easement for encroachment. It states that to the extent any unit or common element encroaches on any other unit or common element, there is a valid easement for the encroachment, but that easement does not relieve a unit owner of liability for willful misconduct or relieve a declarant, or any other person, of liability for failure to adhere to the plats and maps.¹¹⁴

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Notes:

^[112] See C.R.S. § 38-33.3-205(1)(e) (in condominium or planned community, declaration must contain description, which may be by plat or map, of boundaries of each unit created or, in cooperative, description, which may be by plat or map, of each unit created).

^[113] Uniform Common Interest Ownership Act § 2-114, comment (actual physical boundaries may differ somewhat from what is shown on plats and plans). The Uniform Act actually has two versions of the statute. Its alternative "A" is essentially identical to the CCIOA. But alternative "B" provides that the existing physical boundaries of a unit or of a unit reconstructed in substantial accordance with the description in the original declaration are considered its legal boundaries, not those derived from the description in the original...