Colorado § 13-20-1303 - Action for access to adjoining property to accomplish repairs or maintenance - applicability - definitions.

§ 13-20-1303. Action for access to adjoining property to accomplish repairs or maintenance - applicability - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Adjoining owner" means the owner of real property that adjoins a requesting owner's property and onto which a requesting owner seeks entry.

(b) "Refuse" means an adjoining owner's:

(I) Denial to the requesting owner, verbally or in writing, of access to the adjoining property for the purpose of accomplishing repairs or maintenance of the requesting owner's property; or

(II) Failure to respond within sixty days of receipt of written notice sent via certified mail from the requesting owner to the adjoining owner regarding access to the adjoining property for the purpose of accomplishing repairs or maintenance of the requesting owner's property.

(c) "Requesting owner" means the owner of a single-family residence who seeks entry onto an adjoining property for the purpose of accomplishing repairs or maintenance of the requesting owner's property.

(d) "Single-family residence" means a private residence that is a separate building or an individual residence that is part of a row of residences joined by common sidewalls.

(2) If a requesting owner seeks to make repairs to or complete maintenance on the requesting owner's property, the repairs or maintenance cannot reasonably be accomplished without entering onto an adjoining owner's property, and the adjoining owner refuses to permit entry onto the adjoining owner's property for the purpose of the repair or maintenance, the requesting owner may petition the district court of the county in which the properties are located to permit the requesting owner to enter onto the adjoining owner's property for the purpose of the repair or maintenance of the requesting owner's property.

(3) Before bringing an action pursuant to subsection (2) of this section, the requesting owner is encouraged to engage in alternative dispute resolution, such as mediation, with the adjoining property owner, to access the adjoining property to make repairs or maintenance.

(4) In an action brought pursuant to subsection (2) of this section:

(a) The requesting owner must specify the nature of the repairs or maintenance they seek to complete and describe why the repairs or maintenance cannot be made without accessing the adjoining owner's property;

(b) The requesting owner must demonstrate that they have made reasonable efforts to obtain permission from the adjoining owner to access the adjoining owner's property and that the adjoining owner has refused such access; and

(c) The adjoining owner may present evidence that access to the adjoining owner's property is not necessary to complete the repairs or maintenance.

(5) If the court determines that access to the adjoining owner's property is necessary to allow repair to or maintenance on the requesting owner's property and will not negatively affect any easement on the adjoining owner's property, the court shall grant access as the court deems necessary to allow completion of the repair or maintenance. The court shall prescribe the conditions and duration of the requesting owner's access to the adjoining owner's property and may require:

(a) Reasonable notice to the adjoining owner in advance of the access;

(b) Reasonable compensation to the adjoining owner;

(c) That the requesting owner purchase insurance or post bond to cover any damage to property, personal injury, or loss of life, that may occur because of the repair or maintenance; or

(d) Any other condition deemed necessary by the court.

(6) This section does not apply if the adjoining property is owned or controlled by the federal government, the state, or a political subdivision of the state.

Source: L. 2026: Entire section added, (SB 26-177), ch. 188, p. 1101, § 1, effective August 12.

Editor's note: This section was numbered as § 13-20-1304 in SB 26-177 but was renumbered on revision for ease of location.

DAMAGES AND LIMITATIONS ON ACTIONS

ARTICLE 21

Damages

PART 1

GENERAL PROVISIONS

13-21-101. Interest on damages.

13-21-102. Exemplary damages.

13-21-102.5. Limitations on damages for noneconomic loss or injury - definitions.

13-21-103. Damages for selling liquor to an intoxicated person.

13-21-104. Damages for using animal left for keeping.

13-21-105. Damages from fire set in woods or prairie - treble damages during drought conditions.

13-21-105.5. Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages.

13-21-106. Broadcasting defamatory statements.

13-21-106.5. Civil damages for destruction or bodily injury caused by a bias-motivated crime.

13-21-106.7. Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility.

13-21-107. Damages for destruction or bodily injury caused by minors.

13-21-107.5. Civil damages for loss caused by theft.

13-21-108. Persons rendering emergency assistance exempt from civil liability.

13-21-108.1. Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity - definition.

13-21-108.2. Persons rendering emergency assistance - competitive sports - exemption from civil liability.

13-21-108.3. Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability.

13-21-108.4. Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions.

13-21-108.5. Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability.

13-21-108.7. Persons rendering emergency assistance through the administration of an opioid antagonist - limited immunity - legislative declaration - definitions.

13-21-108.8. Persons furnishing a non-laboratory synthetic opiate detection test or a non-laboratory additive detection test - limited immunity - definitions.

13-21-108.9. Landowner allowing access to property during emergency - limited immunity - definitions.

13-21-109. Recovery of damages for checks, drafts, or orders not paid upon presentment.

13-21-109.5. Recovery of damages for fraudulent use of social security numbers.

13-21-110. Medical committee - privileged communication - limitation on liability.

13-21-111. Negligence cases - comparative negligence as measure of damages.

13-21-111.5. Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration.

13-21-111.6. Civil actions - reduction of damages for payment from collateral source.

13-21-111.7. Assumption of risk - consideration by trier of fact.

13-21-111.8. Assumption of risk - shooting ranges.

13-21-112. Ad damnum clauses in professional liability actions.

13-21-113. Donation of items of food - exemption from civil and criminal liability - definitions.

13-21-113.3. Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration.

13-21-113.5. Use of school or nonprofit organization kitchen - exemption from civil and criminal liability.

13-21-113.7. Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration.

13-21-114. Immunity of mine rescue participants and their employers or organizations.

13-21-115. Actions against landowners - short title - legislative declaration - definitions.

13-21-115.5. Volunteer service act - immunity - exception for operation of motor vehicles - exception for helicopter search and rescue - short title - legislative declaration - definitions.

13-21-115.6. Immunity from civil liability for school crossing guards and sponsors.

13-21-115.7. Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations.

13-21-116. Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons.

13-21-117. Civil liability - mental health providers - duty to warn - definitions.

13-21-117.5. Civil liability - intellectual and developmental disability service providers - definitions.

13-21-117.7. Civil actions against family foster care providers - limited liability.

13-21-118. Actions based on flight in aircraft.

13-21-119. Equine activities - llama activities - legislative declaration - exemption from civil liability.

13-21-120. Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice.

13-21-121. Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions.

13-21-122. Civil liability for unlawful use of personal identifying information.

13-21-122.5. Civil liability for trading in telephone records.

13-21-123. Civil liability for newspaper theft. (Repealed)

13-21-124. Civil actions against dog owners.

13-21-125. Civil actions for theft in the mortgage lending process.

13-21-126. Funeral picketing - legislative declaration - definitions - damages.

13-21-127. Civil damages for human trafficking and involuntary servitude.

13-21-128. Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions.

13-21-129. Snow removal service liability limitation - exceptions - short title - definitions.

13-21-130. Civil liability for false statement to recover possession of real property.

13-21-131. Civil action for deprivation of rights.

13-21-132. Civil liability for misuse of gametes - definitions.

13-21-133. Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment.

PART 2

DAMAGES FOR DEATH BY NEGLIGENCE

13-21-201. Damages for death.

13-21-202. Action notwithstanding death.

13-21-203. Limitation on damages.

13-21-203.5. Alternative means of establishing damages - solatium amount.

13-21-203.7. Adjustments of dollar limitations for effects of inflation - definition.

13-21-204. Limitation of actions.

PART 3

SETTLEMENTS, RELEASES, AND STATEMENTS

13-21-301. Settlements, releases, and statements of injured persons.

PART 4

PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS

13-21-401. Definitions.

13-21-402. Innocent seller.

13-21-402.5. Product misuse.

13-21-403. Presumptions.

13-21-404. Inadmissible evidence.

13-21-405. Report to general assembly. (Repealed)

13-21-406. Comparative fault as measure of damages.

PART 5

PRODUCT LIABILITY ACTIONS - FIREARMS AND AMMUNITION

13-21-501 to

13-21-505. (Repealed)

PART 6

LIABILITY FOR ELECTRONIC COMPUTING DEVICE FAILURES ASSOCIATED WITH THE YEAR 2000 DATE CHANGE

13-21-601 to

13-21-604. (Repealed)

PART 7

YEAR 2000 CITIZENS' PROTECTION ACT

13-21-701 to

13-21-705. (Repealed)

PART 8

DRUG DEALER LIABILITY ACT

13-21-801. Short title.

13-21-802. Legislative declaration.

13-21-803. Definitions.

13-21-804. Damages - persons injured by an individual illegal drug user.

13-21-805. Nonexclusiveness - exceptions to liability - joinder.

13-21-806. Comparative negligence.

13-21-807. Contribution among and recovery from multiple defendants.

13-21-808. Effect of criminal drug conviction.

13-21-809. Prejudgment attachment and execution on judgments.

13-21-810. Statute of limitations.

13-21-811. Stay of action.

13-21-812. Nonretroactive.

13-21-813. Severability.

PART 9

LIABILITY OF HOSPITAL ENTERPRISES FOR ELECTRONIC COMPUTING DEVICE FAILURES ASSOCIATED WITH THE YEAR 2000 DATE CHANGE

13-21-901 to

13-21-902. (Repealed)

PART 10

LIABILITY FOR COMPUTER DISSEMINATION OF INDECENT MATERIAL TO CHILDREN

13-21-1001. Definitions.

13-21-1002. Computer dissemination of indecent material to a child - prohibition.

13-21-1003. Civil penalty - action for recovery - distribution of proceeds - attorney fees.

PART 11

COMMONSENSE CONSUMPTION ACT

13-21-1101. Short title.

13-21-1102. Legislative declaration.

13-21-1103. Definitions.

13-21-1104. Actions against food providers that comply with applicable state and federal laws - exemptions.

13-21-1105. Pleading requirements.

13-21-1106. Stay of proceedings pending motion to dismiss.

PART 12

DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY

13-21-1201. Short title.

13-21-1202. Legislative declaration.

13-21-1203. Definitions.

13-21-1204. Construction.

13-21-1205. Damages - woman injured by the unlawful termination of a pregnancy.

13-21-1206. Exceptions to liability.

13-21-1207. Limitation of actions - three years.

PART 13

WHOLESALE SALES REPRESENTATIVES

13-21-1301. Legislative declaration.

13-21-1302. Jurisdiction over nonresident representatives.

13-21-1303. Damages.

13-21-1304. Liquor licensees excepted.

PART 14

UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES

13-21-1401. Short title.

13-21-1402. Definitions.

13-21-1403. Civil action - definitions.

13-21-1404. Exceptions to liability - definitions.

13-21-1405. Plaintiff's privacy.

13-21-1406. Remedies.

13-21-1407. Statute of limitations.

13-21-1408. Construction.

13-21-1409. Uniformity of application and construction.

PART 15

PREVENTING UNAUTHORIZED DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS ACT

13-21-1501. Short title.

13-21-1502. Definitions.

13-21-1503. Civil action - consent - disclaimers.

13-21-1504. Exceptions to liability - construction.

13-21-1505. Plaintiff privacy.

13-21-1506. Remedies.

13-21-1507. Rules.

PART 1

GENERAL PROVISIONS

Editor's note: Colorado recognizes "wrongful birth" claims but not "wrongful life" claims. For discussion of such claims, see Lininger v. Eisenbaum, 764 P.2d 1202 (Colo. 1988) and Empire Cas. v. St. Paul Fire and Marine, 764 P.2d 1191 (Colo. 1988).

Cross references: For damages recoverable for failure to comply with excavation requirements, see § 9-1.5-104.5; for the admissibility of evidence of failure to wear a safety belt system to mitigate damages resulting from a motor vehicle accident, see § 42-4-237 (7).

Law reviews: For article, "Using Mental Health Professionals to Maximize Damages in Personal Injury Cases", see 15 Colo. Law. 2009 (1986); for article, "1986 Colorado Tort Reform Legislation", see 15 Colo. Law. 1363 (1986); for article, "Introduction to the Tort Reform Symposium: Some Cautioning Implications of Legislative Tort Reform", see 64 Den. U. L. Rev. 613 (1988); for article, "The Assault on Injured Victims' Rights", see 64 Den. U. L. Rev. 625 (1988); for article, "The Insurance 'Crisis': Reality or Myth? A Plaintiffs' Lawyer's Perspective", see 64 Den. U. L. Rev. 641 (1988); for article, "Constitutional Challenges to Tort Reform: Equal Protection and State Constitutions", see 64 Den. U. L. Rev. 719 (1988); for article, "The Failed Tubal Ligation: Bringing a Wrongful Birth Case to Trial", see 17 Colo. Law. 849 (1988); for article, "Limiting Lender Liability through the Statute of Frauds", see 18 Colo. Law. 1725 (1989); for comment, "Stemming the Tide of Lender Liability: Judicial and Legislative Reactions", see 67 Den. U. L. Rev. 453 (1990); for comment, "Comprehensive General Liability Insurance Coverage for CERCLA Liabilities: A Recommendation for Judicial Adherence to State Canons of Insurance Contract Construction", see 61 U. Colo. L. Rev. 407 (1990); for article, "A Federal Genie from a State Bottle: § 1983 in the Colorado State Courts", see 19 Colo. Law. 617 (1990); for article, "1990 Update on Colorado Tort Reform Legislation", see 19 Colo. Law. 1529 (1990).