My question involves real estate located in the State of: Colorado
Our small (20 home) community was formed about 40 years ago on land that was once a hay field.
When the developers of our community formed the subdivision, they created and recorded a plat, which states, "That the undersigned, being the owners of the following described land [lengthy legal description of land] do hereby dedicate and convey to and for public use, forever, hereafter, the streets as laid out and designated on this plat..." We don't have a private, gated community.
I've been told by the County engineering department that our roads are "deeded public rights-of-way roads that are privately maintained" (in our case, by a Public Improvement District).
I've been to the Clerk and Recorder's office, and they don't have a record of any kind of deed that transfered the land from the developers to the County or any other entity/person. There were several other deeds from the developers, such as one that established a "common area" and another that established a "right of way" -- both for the use of the HOA.
I went to the Assessor's office and when they pulled up a map of our community, there was only a "question mark" on the road rights-of-way, which they said indicates they have no record of who owns the land.
I called the Road and Bridge folks at the County, and they could not answer the question of land ownership, but confirmed that our roads were "public rights-of-way created by the developer" and that the County can oversee what happens on the roads, but does not have responsibility for maintaining the roads.
Can anyone help with this question (Who owns the land used for our HOA roads?), or at least suggest where I might find the answer?
Thanks in advance for any assistance.
Our small (20 home) community was formed about 40 years ago on land that was once a hay field.
When the developers of our community formed the subdivision, they created and recorded a plat, which states, "That the undersigned, being the owners of the following described land [lengthy legal description of land] do hereby dedicate and convey to and for public use, forever, hereafter, the streets as laid out and designated on this plat..." We don't have a private, gated community.
I've been told by the County engineering department that our roads are "deeded public rights-of-way roads that are privately maintained" (in our case, by a Public Improvement District).
I've been to the Clerk and Recorder's office, and they don't have a record of any kind of deed that transfered the land from the developers to the County or any other entity/person. There were several other deeds from the developers, such as one that established a "common area" and another that established a "right of way" -- both for the use of the HOA.
I went to the Assessor's office and when they pulled up a map of our community, there was only a "question mark" on the road rights-of-way, which they said indicates they have no record of who owns the land.
I called the Road and Bridge folks at the County, and they could not answer the question of land ownership, but confirmed that our roads were "public rights-of-way created by the developer" and that the County can oversee what happens on the roads, but does not have responsibility for maintaining the roads.
Can anyone help with this question (Who owns the land used for our HOA roads?), or at least suggest where I might find the answer?
Thanks in advance for any assistance.
Homeowners Associations: Who Owns the Land Under the Roads Within Our HOA
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