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If we find that a playground fence our HOA built in 1998 was built on our property without permission what is the next step?

Fort Collins, CO |

My husband's family built this house in 1978. It was sold to him in 2003 by his parents. In 1998 the HOA built a playground with a chainlink fence behind the house. We are trying to sell the house and were going to put up a privacy fence to cover the chain link fence when we discovered that the chain link fence may have been built on our property without permission. We are currently acquiring a map of our boundary lines to make sure. We have paid property taxes since the home was built.

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Attorney answers 1


You need to it down with a real estate order in your area. The HOA might have a provision that covers it, or they may be arguing the common law theory of "boundary by acquiescence", and "adverse possession."

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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