Colorado state law does not require you to get a land survey before building a fence. But “not required” and “not necessary” are different things. Building a fence on the wrong property line is one of the most common and expensive neighbor disputes in Colorado. A boundary survey that costs $600 to $900 upfront is far less painful than hiring a lawyer and rebuilding a fence after a dispute.
Colorado’s Fence Law: What It Actually Says
Colorado’s Division Fence Act, found in C.R.S. 35-46, governs shared boundary fences. Under this statute, adjoining landowners are required to share the cost of building and maintaining a division fence on a shared boundary. The law applies to both rural agricultural land and, in many circumstances, residential property.
The key practical implication: if you build a fence entirely on your neighbor’s property, you may lose the right to cost-sharing and may face a legal claim for trespass or encroachment. The neighbor can demand you remove the fence at your expense.
Colorado also has a “good neighbor” expectation in residential areas. Most cities and counties in the Front Range follow their own municipal codes about fence height, setbacks, and materials. These local rules often require that fence posts be placed on the property line, not inside the property. If the property line is unclear, placing posts accurately is impossible without a survey.
The Open Range Question in Rural Colorado
Colorado has an open range doctrine in certain rural areas, which means that in designated open range counties, livestock owners are not automatically liable for animals that stray onto neighboring land. Landowners in open range areas are not legally required to fence out their neighbors’ livestock. This is the opposite of the “fence-in” doctrine used in many eastern states.
If you are building a fence in a rural part of Colorado, check whether your county has an open range designation before assuming you are legally required to fence livestock in or out. The Weld County, Morgan County, and southeastern Colorado areas still have significant open range zones. In these areas, a fence serves a practical purpose but may not be legally required.
In the urban and suburban Front Range, open range rules are overridden by local ordinances. Most Front Range cities require domestic animals to be confined and fences are regulated by local zoning code.
When a Survey Is Strongly Recommended
Even though no survey is required by law, getting a survey before building a fence is worth the cost when:
- You have just bought the property and there is no recent survey in the records. Many Colorado properties, especially older homes, were last surveyed decades ago or never formally surveyed.
- The existing fence does not look right. If the current fence is clearly not on the property line, that existing fence may establish a legal boundary by long-term acquiescence. A survey can clarify the situation before you make it worse.
- Your neighbor has indicated they think the line is in a different place. Getting a survey before construction is far better than getting into a dispute after the fence is built.
- You are spending more than $2,000 on the fence. At that price point, the cost of a survey is a small percentage of the investment, and the protection it provides is significant.
- The fence is near a structure. If you are installing a fence within a few feet of a garage, shed, or addition, a survey can confirm you are not inadvertently encroaching on an easement or the neighbor’s lot.
What Happens When a Fence Is in the Wrong Place
If a survey later shows that a fence you built was placed on your neighbor’s property, the consequences can include:
- A demand that you remove the fence at your expense
- A civil lawsuit for encroachment or trespass
- A quiettitle action to establish the legal boundary if the dispute escalates
- If the fence has been in place for more than 18 years and treated as the boundary by both parties, Colorado’s adverse possession or boundary by acquiescence doctrine may complicate removal
Removing and rebuilding a fence typically costs $1,500 to $5,000 or more depending on the length and materials. A boundary survey costs $500 to $1,100 in most of Colorado. The math is straightforward.
What Type of Survey Do You Need?
For the purpose of placing a fence, you have a few options:
- Full boundary survey: The most thorough option. The surveyor sets legal corner monuments, researches the title, and produces a recorded plat. Best for properties without recent surveys or where a legal record is needed.
- Monument search or corner locator: A licensed PLS locates and marks existing survey monuments at the property corners without a full plat. Less expensive and faster if prior monuments exist and are findable.
- Staking services: Some surveyors offer staking without a full plat for fence placement purposes. Confirm with the surveyor what is and is not included.
To find a licensed land surveyor in Colorado, browse our directory by county. Every surveyor listed is sourced from Colorado state licensing records and holds an active PLS license.