prescriptive easement claim (Colorado) · Go Syfert
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prescriptive easement claim in Colorado

6 Colorado opinions name it 2 courts 2002–2026 3 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
City of Englewood v. Burlington Ditch, Reservoir & Land Co.green
colo · 2010 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026“At its core, subordination ‘is essentially a matter of status between parties’ and ‘establishes priorities between those parties by some means other than the automatic or statutory scheme.’” City of Englewood v. Burlington Ditch, Reservoir & Land Co., 235 P.3d 1061, 1068 (Colo. 2010) (citation omitted).

11
Wright v. Horse Creek Ranchesgreen
colo · 1985 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See Wright v. Horse Creek Ranches, 697 P.2d 384, 388 (Colo. 1984) (explaining that “[t]he extent of an easement created by prescription is fixed by the use through which it was created”) (quoting Restatement of Property § 477 (1944)).

11
Trask v. Noziskogreen
coloctapp · 2006 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021Trask v. Nozisko , 134 P.3d 544, 553 ( Colo. App. 2006 ) . ¶20 The elements of a prescriptive easement claim are not the same as those comprising an adverse possession claim.

11
Lobato v. Taylorgreen
colo · 2002 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021In Colorado, " [a] n easement by prescription is established when the prescriptive use is: 1) open or notorious, 2) continued without effective interruption for the prescriptive period, and 3) the use was either a) adverse or b) pursuant to an attempted, but ineffective grant." Lobato v. Taylor , 71 P.3d 938, 950 ( Colo. 2002 ) ; see also Restatement (Third) of Property (Servitudes) § 2.17 cmt. j ( 2000 ) ( noting that a servitude can be acquired by prescription only if the adverse use is not interrupted prior to the end of the prescriptive period) . ¶21 Thus, unlike a claim of title by advers

11
Coquina Oil Corp. v. Harry Kourlis Ranchgreen
colo · 1982 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014See Kuntz, § 18.2, at 6. 117 Nor are we persuaded that granting Maralex standing to pursue a prescriptive easement claim will raise the concerns recognized by our supreme court in Coquina Oil Corp. v. Harry Kourlis Ranch, 643 P.2d 519, 522 (Colo.1982).

11
Davis v. Cramergreen
colo · 1991 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014We therefore conclude that the trial court erred in determining that Maralex lacked standing to maintain an action for a prescriptive easement based on landlord-tenant law. 112 The "fundamental purpose of an oil and gas lease is to provide for the exploration, development, production, and operation of the property for the mutual benefit of the lessor and lessee." Davis v. Cramer, 808 P.2d 358, 360 (Colo.1991).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Olson v. Hillside Community Church, S.B.C. green
coloctapp · 2002
1 sentence

2005Plaintiffs appealed, and a division of this court affirmed the trial court order in part and reversed in part in Olson v. Hillside Community Church, 42 P.3d 52 (Colo.App.2001).

12005–2005
Lobato v. Taylor green
· 2000
2 sentences

2002Lobato, 13 P.3d at 834 .

2002Lobato, 13 P.3d at 834 .

12002–2002

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 38-41-101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 16 (1993–2024) MT 15 (1996–2025) SC 13 (1997–2024) CA 11 (2004–2026) ME 11 (2002–2024) OR 10 (2009–2026) UT 8 (1989–2021) ID 7 (1999–2026) WA 6 (2017–2026) CO 6 (2002–2026) RI 6 (2007–2026) IL 5 (1988–2017) OH 5 (2002–2019) TX 4 (2010–2012) MN 4 (2000–2025) MS 4 (1997–2023) IN 4 (2010–2015) NC 4 (1995–2026) CT 4 (1998–2022) MA 4 (2019–2025) GA 3 (2020–2023) NH 3 (1999–2011) WV 3 (2010–2022) NM 3 (2002–2016) MI 2 (2015–2018) NV 2 (2016–2016) SD 2 (2007–2023) TN 2 (2016–2025) MO 2 (2001–2011) PA 2 (2014–2018) WY 2 (2005–2020) NJ 2 (2025–2026) WI 2 (1998–2023) VT 2 (2015–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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