One of the biggest mistakes land buyers can make is assuming that a visible road means legal access. In Colorado, especially in rural areas, a property without a recorded easement could be unusable—and ineligible for a mortgage. Here’s what to know before you buy.
What Is a Legal Easement?
A legal easement is a recorded right to cross someone else’s land to access your own. There are several types, but in real estate, the most common is a right-of-way easement for driveway or road access.
- It must be recorded with the county
- Should show up on title and plat maps
- Applies to all future owners
Problems With No Legal Access
If you buy a landlocked parcel without a recorded easement, you may face:
- Being unable to obtain a building permit
- Denial of financing from most lenders
- Disputes with neighbors or landowners
How to Verify an Easement
- Ask the title company to provide a current title commitment
- Review recorded documents and maps
- Hire a surveyor if boundaries or access paths are unclear
Private Roads & Shared Driveways
Even if an easement exists, you may still need a road maintenance agreement if you share it with neighbors. This is often required by mortgage lenders and can affect resale.
Final Advice
- Never rely on verbal agreements for access
- Use a knowledgeable title company and real estate agent
- Don’t waive your inspection or due diligence period
Need help evaluating access on a land parcel?
Contact Christine Gwinnup – The Little Lady Sells Homes
