Latest news with #GriseldaBarbosaMartinez
Yahoo
25-05-2025
- Business
- Yahoo
‘You can't displace someone': This Denver couple is suing developers, city over alleged property encroachment
Jorge Cardenas and Griselda Barbosa Martinez from the West Colfax neighborhood of Denver have filed a 50-page lawsuit against the City of Denver, a property developer and a construction company, accusing them of violating the family's rights and threatening their property, reports CBS News Colorado. The couple claims that, due to the construction next door, the alley beside their property was shifted closer to their home, which endangered a retaining wall and several mature trees. Yet, according to the lawsuit, neither the city nor the developers could define the boundary of the alley and no due process was followed. Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don't have to deal with tenants or fix freezers. Here's how I'm 49 years old and have nothing saved for retirement — what should I do? Don't panic. Here are 5 of the easiest ways you can catch up (and fast) Nervous about the stock market in 2025? Find out how you can access this $1B private real estate fund (with as little as $10) 'This is our home,' Barbosa Martinez told CBS News Colorado in Spanish. The couple have lived in the house for 20 years and have reconstructed it during that time. As new apartment and townhome developments rose around them, they've turned down multiple unsolicited offers from developers, including one for $180,000 in 2022, even though homes nearby were selling for more than half a million. Later that year, the construction started. When it did, 'they received a letter on their door advising them that in another week, this construction company would be coming onto their property and knocking down all their trees and that the City of Denver had given authorization for it,' Anna Martinez, the couple's attorney, told CBS News Colorado. 'You could never go to your neighbor's house and say, 'Your trees are in my yard, so I'm chopping them down.' But that's essentially what the threat was,' she said, adding that the lawsuit is about basic rights, protecting the couple's home and whether a private company can exercise city authority. 'You can't displace someone from their property. You can't chop down their trees. You can't trespass onto their land if you don't know where the line is,' she said. The city and the developer declined to comment because of the ongoing litigation. The case is awaiting a decision by the courts as to whether it will proceed. 'Technically, any physical feature (from a building extension to landscaping) that crosses the legal boundary line is an encroachment if it's on your property without your permission,' Alexei Morgado, CEO and founder of Lexawise Real Estate Exam Prep, told These features can include such things as fences, tree limbs and structural overhangs. 'Property encroachments, though they might sound like a minor concern, can significantly impact the value of your home,' Indianapolis law firm Katzman & Katzman, P.C. says in a blog. The firm explains that these encroachments can make your home harder to sell — appraisers might lower the value of the home, which can reduce the price you can sell it for. And the legal costs of fighting an encroachment 'can eat into your home's equity.' In most states, you're required to disclose any encroachments to prospective buyers. If it's unknown and discovered during the sales process, it may affect the buyer's ability to get financing and could delay the sale. In the worst case, the neighbor could claim adverse possession, which would grant them title to the encroached area and reduce your property value. Read more: This is how American car dealers use the '4-square method' to make big profits off you — and how you can ensure you pay a fair price for all your vehicle costs If you suspect your neighbor's property is encroaching on yours, the first thing to do is verify that this is, in fact, the case. 'A homeowner who believes that a neighbor has erected a fence, shed, driveway or some other encroaching structure onto their property should first make sure they have a current survey,' Thomas Weiss, real estate litigation attorney at Vishnick McGovern Milizio LLP, told If you got a deed or survey when you bought the home, you can check this. Or, you may be able to find information at the local land record office. However, you may need to commission a professional survey prepared by a licensed surveyor. Many encroachments are unintentional, so a good approach is to start with a calm, friendly conversation. If you're unable to resolve the dispute, send a formal letter notifying the neighbor of the encroachment, providing details and demanding a remedy by a certain date. If this still doesn't bring about a solution, then you may need to consider taking legal action. The laws vary by state so consult a lawyer who specializes in real estate law. Alternatively, you can allow the encroachment to remain through an easement agreement or a revocable license. An easement agreement is a legal agreement that will allow the neighbor to use the portion of your property that is being encroached for a specific purpose and period. A revocable license will allow your neighbor to keep the encroachment, but this permission can be revoked at any time. It differs from an easement because it's much harder to revoke an easement. An easement or revocable license can still hurt your property value because it's a hassle many buyers don't want to deal with. However you choose to deal with an encroachment, it's best to tackle it head-on — and as soon as possible — to save headaches and the potential loss of some of your property in the future. Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan 'works every single time' to kill debt, get rich in America — and that 'anyone' can do it Rich, young Americans are ditching the stormy stock market — here are the alternative assets they're banking on instead Robert Kiyosaki warns of a 'Greater Depression' coming to the US — with millions of Americans going poor. But he says these 2 'easy-money' assets will bring in 'great wealth'. How to get in now Here are 5 'must have' items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you? This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
CBS News
30-04-2025
- Business
- CBS News
Denver couple fights city and developer over alleged property encroachment
Dispute between Denver homeowners, a property development company and the city moves to the courts Dispute between Denver homeowners, a property development company and the city moves to the courts Dispute between Denver homeowners, a property development company and the city moves to the courts As Denver's population grows, neighborhoods across the city are transforming. Older, smaller homes are being replaced with modern townhomes and apartment buildings. But in the West Colfax neighborhood, one family feels they're being penalized for refusing to leave. CBS Colorado's Jasmine Arenas interviews Griselda Barbosa Martinez on her property. CBS A 50-plus-page lawsuit by homeowners Jorge Cardenas and Griselda Barbosa Martinez accuses the City of Denver, a property developer and Saunders Construction of violating their rights and threatening their property. The couple has lived in their home for more than 20 years. They say it has been a labor of love since day one. "When we bought this house, it was destroyed," said Cardenas in Spanish. They spent the last two decades reconstructing their home. Over the years, they've turned down multiple unsolicited offers to sell -- including a $180,000 offer in 2022. Homes nearby often sell for more than half a million. That same year, construction began next door. The family says they received a letter stating a private company, with city authorization, would soon come onto their property to remove trees as part of alley maintenance. The couple claims that alley was quietly shifted closer to their home -- endangering a retaining wall and several mature trees. "They received a letter on their door advising them that in another week, this construction company would be coming onto their property and knocking down all their trees," said Anna Martinez, the couple's attorney. "And that the city of Denver had given authorization for it." CBS The lawsuit argues that no due process was followed, and that neither the city nor the developers could clearly explain the boundary of the alley in question. "You could never go to your neighbor's house and say, 'Your trees are in my yard, so I'm chopping them down.' But that's essentially what the threat was," Martinez said. The city of Denver and Saunders Construction declined to comment, citing pending litigation. Defendants in the case have filed a motion to dismiss, denying any wrongdoing. The couple's home is seen between larger buildings on either side. CBS Martinez says the lawsuit is about more than property lines -- it's about basic rights. "You can't displace someone from their property. You can't chop down their trees. You can't trespass onto their land if you don't know where the line is," she said. For Barbosa and Cardenas, the fight is about protecting not just their land, but their home and what it represents. "This is our home," said Barbosa in Spanish. The case is now awaiting a court decision on whether it will proceed.
