Road Law Blog

THE IMPORTANCE OF RECORDING A ROAD SURVEY
James Beckwith James Beckwith

THE IMPORTANCE OF RECORDING A ROAD SURVEY

Claims under RS 2477 and Prescriptive Easements (C.R.S. 38-41-101(1) and 43-2-201(1)(c)) involve land routes which not only have not been the subject of recorded deeds but also which have not previously been surveyed as to their course and route. The successful claimant then must obtain a survey showing the course, route and width of the easement. The court’s failure to do so is judicial error. Bd. Cty. Cmmsrs, Delta v. Ogburn 554 P.2d., 700, 702 (Colo. App. 1976); Lovvorn v. Salisbury 701 P.2d. 142, 144 (Colo. App. 1985); Wright v. Horse Creek Ranches 659 P.2d. 705, 709 (Colo. App. 1977). The courts have not dictated the specific type of survey. Traditional metes-and-bounds surveys are available but GPS and drone surveying have been found to be eminently practicable – and equally precise - in remote and rugged terrain. Both traditional and so-called “modern” surveying result in printed plats showing centerline and road width on each side of…

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