A developer in Weld County, Colorado records a subdivision plat that shows a 20-foot utility easement along the rear of each lot. A buyer purchases Lot 14 in the subdivision and later claims they were unaware of the easement when they built a fence within the easement area. The utility company demands the fence be removed. Which statement best describes the buyer's legal position under Colorado recording law?
Correct Answer
D) The buyer is bound by the easement because the recorded subdivision plat provides constructive notice of all easements shown thereon
Under C.R.S. § 38-35-109, recording a subdivision plat with the county clerk and recorder constitutes constructive notice of all easements, restrictions, and dedications shown on the plat. Any person who purchases a lot within the subdivision is deemed to have constructive notice of the plat's contents, including the utility easement. The buyer cannot claim ignorance of a recorded plat easement, regardless of whether it was specifically mentioned in the deed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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