How you actually reach the property
By Belinda Seville, The Seville Team · Guide Real EstateLast reviewed August 29, 2026
Is the access to this parcel secure, and who maintains it?
The recorded documents decide it, not the fact that a road exists. Establish whether access is a recorded easement or a public dedication, who is obliged to maintain it, and whether a shared private road has a written maintenance agreement. Start with the title commitment, and ask the title company whether it will insure legal access.
On a subdivision lot access is rarely a question. On acreage it is one of the few things that can make a property unfinanceable, unsellable, or both, and it is invisible on a drive-out because the road is right there and you just used it.
A road existing is not the same as a right to use it. A right to use it is not the same as somebody being obliged to maintain it. And neither tells you what happens after a heavy snow.
A note on what this page is
Unlike the well and septic guides, this one cites no regulation, because there is not one to cite. Access rights are determined by documents recorded against a specific parcel, and Colorado property law around easements is fact-dependent enough that general statements about it are worth very little and can be actively misleading.
So everything below is a question to ask or a place to look. Where the answers matter, they come from the title commitment, the recorded documents themselves, the county, and where it is genuinely unclear, a real estate attorney.
The three questions, in order
First: is the legal right of access recorded? A recorded easement or a public dedication is a durable answer. A long-standing arrangement with a neighbor, however friendly and however old, is not the same thing, and it does not necessarily survive that neighbor selling.
Second: who is obliged to maintain it? A county-maintained road and a private road are different propositions for grading, snow removal and the cost of eventual resurfacing. Ask the county directly which roads it maintains rather than inferring it from how the surface looks.
Third: if the road is shared and private, is there a written maintenance agreement, and what does it say about cost sharing and about decisions? Shared roads without an agreement are a common source of expensive disagreement between people who got along fine until the culvert failed.
Where the answers live
The title commitment is the first place to look. Easements benefiting and burdening the parcel are listed there, and so are exceptions the title company is not willing to insure. Read the exceptions carefully; that section is where the interesting things hide.
Ask the title company directly whether they will insure legal access to the parcel. It is a specific question with a specific answer, and a reluctance to answer it plainly is itself information.
Then read the actual recorded documents rather than the summary of them. An easement’s width, its stated purpose, and whether it runs with the land all matter, and a one-line description in a commitment will not tell you any of them.
Things worth asking that people forget
Whether the easement is wide enough for what you intend to bring in. A horse trailer, a well drilling rig and a fire truck have different requirements from a car.
Whether utility easements exist along the same route, since bringing power or fiber in later may depend on them.
What happens in winter. Who plows, how quickly, and whether that is an obligation or a courtesy.
Whether any part of the driveway crosses land you will not own. This is more common than people expect and is not always obvious from the plat.
If something looks unclear
Undocumented access is not automatically a reason to walk away. It is a reason to slow down, get the documents, and price the risk deliberately rather than absorb it accidentally.
It is also one of the few diligence questions genuinely worth an attorney’s time on a residential purchase. An hour of advice is cheap against a parcel you cannot finance or resell.
Sources
Everything above is checked against these. Where something is parcel-specific this page says so rather than guessing.
- Elbert County Public Works
Which roads the county maintains. This is a question for the county about a specific road, not something this page asserts.
From the blog
This is general information, not legal, tax or engineering advice, and not a substitute for checking the specific property and the authority that governs it. Belinda Seville is a licensed Colorado real estate broker.
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Looking at a specific property?
Send Belinda the address and she will run these checks before you write an offer. On acreage they take an afternoon and they are the difference between buying what you think you are buying and finding out afterwards.