Private Property Boundary Disputes In Colorado

Generally, private boundary disputes may be resolved under 38-44-101, which provides that: When one or more owners of land, the corners and boundaries of which are lost, destroyed, or in dispute, desire to have the same established, they may bring an action in the district court of the county where such lost, disputed, or destroyed corners or boundaries or parts thereof are situated against the owners of the other tracts which would be affected by the determination or establishment thereof, to have such corners or boundaries ascertained and permanently established. However, the location of a section corner or quarter section corner is governed by 30-10-906, which instructs that: Whenever the proper location of any section corner or quarter section corner is in dispute, a corner monument shall be established by the county surveyor for the county in which such corner is located pursuant to this section. Moreover, if any "interested party" submits an application to the county surveyor seeking a determination of the proper location of a section corner or quarter section corner, the county surveyor is required to gather evidence and to conduct any necessary surveys to establish the location of a monument. Section 30-10-906(2)(a), C.R.S. 1999. a corner monument established by the county surveyor pursuant to these procedures "shall be the true and legal monument defining the boundary corner as stated in the record of the survey." Section 30-10-906(3)(c), C.R.S. 1999.