In an alley, if you move your fence inward, what happens to the property were the fence once stood?

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In an alley, if you move your fence inward, what happens to the property were the fence once stood?

Is it right of way or still private?

Asked on July 10, 2019 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A fence may used to mark a property line or boundary by does not define it: who owns the property is defined by the deed, which shows the boundary. Regardless of whether there is a fence or where the fence is located, if property belongs to person A, then any person on it without person A's consent or permission is trespassing. The lack of a fence does not convert private property in public property or grant other people an easement or right of way.


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