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

UPDATED: Jul 10, 2019

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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