QUESTION

How do you build a common access driveway on two parcels of land if the owners are the same. County will not permit without an easement.

Asked on May 06th, 2015 on Real Estate - Colorado
More details to this question:
My wife and I own two adjoining parcels of land as Joint Tenants. Topography makes it impossible to construct the driveway on just one of the parcels and maintain County standards, therefore it is our intent to construct a common access for the two parcels. The doctrine of merger would say that you may not create an easement upon your own land. My wife and I do not wish to relinquish joint tenancy, nor combine the parcels at this time. However, the County will not permit the driveway without a binding agreement between the owners of the two parcels.
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
Give the county what it wants,i.e. grant the easement.  Unless you intend to sue yourself your contention that the doctrine of merger is irrelevant.  
Answered on May 07th, 2015 at 12:33 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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