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SB 177

Access Adjoining Property to Repair or Maintain

2026 Regular Session

Allows a single-family owner to petition a court for limited access to an adjacent property to complete necessary repairs when access is denied, with court-set conditions.

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Bill Summary · SB 177

Summary of Colorado SB 177 (2026A) — Access Adjoining Property to Repair or Maintain

Purpose and intent

  • The bill creates a statutory process allowing a single-family residence owner to petition a district court for limited access to an adjoining property. This is specifically to complete repairs or maintenance on the requesting owner’s property when the adjoining owner has denied access.
  • The mechanism is designed to address situations where repairs cannot reasonably be made without entering the neighboring property, and the neighboring owner refuses permission.

Key provisions and changes

  • New statute added: 13-20-1302, "Action for access to adjoining property to accomplish repairs or maintenance."
  • Definitions:
    • Adjoining owner: Owner of the neighboring property onto which entry is sought.
    • Refuse: Either denial of access (verbal or written) or failure to respond within 60 days after certified mail notice from the requesting owner.
    • Requesting owner: Owner of a single-family residence seeking entry onto the adjoining property for repairs/maintenance.
    • Single-family residence: Private residence on a separate building or a unit that is part of a row of residences joined by common sidewalls.
  • Eligibility for court action (subsection 2):
    • If repairs or maintenance on the requesting owner’s property cannot be reasonably completed without entering the adjoining owner’s property, and the adjoining owner refuses entry, the requesting owner may petition the district court of the county where the properties are located.
  • Court procedure and standards (subsection 3):
    • The requesting owner must:
    • Clearly specify the nature of repairs/maintenance and explain why access to the adjoining property is necessary.
    • Demonstrate reasonable efforts to obtain permission and show that the adjoining owner refused access.
    • The adjoining owner may present evidence that access is not necessary to complete the repairs.
    • If the court determines access is necessary, it must grant access as needed to complete the repairs/maintenance.
    • The court will set conditions and duration of access, which may include:
    • Reasonable advance notice to the adjoining owner.
    • Reasonable compensation to the adjoining owner.
    • Any other condition deemed necessary by the court.
  • Scope: Applies to limited, court-ordered access rather than permanent access rights; the access is targeted to accomplish specified repairs or maintenance on the requesting owner’s property.

Affected parties

  • Primary beneficiaries: Owners of single-family residences needing access to an adjoining property to perform repairs or maintenance.
  • Adjoining owners: Those who would grant access under court-ordered conditions; they have an opportunity to challenge or present evidence regarding necessity.
  • Potentially affected property rights and liability contexts, as access is limited in scope, duration, and conditions per court order.

Procedural and timeline considerations

  • Action timing: Initiating action requires demonstrable necessity and failure of the adjoining owner to permit entry.
  • Notice and response: The statute provides a 60-day response window for the adjoining owner to respond to written notices; failure to respond within 60 days constitutes “refusal” for purposes of initiating the court action.
  • Court process: The district court determines necessity, grants access with specific conditions, and can impose safeguards (notice, compensation, and other conditions).
  • Effective date: The act becomes effective the day after the 90-day period following the legislature’s final adjournment (2026-08-12 estimate), with a potential referendum provision delaying effect if petitioned. If a referendum is filed, the act takes effect only if approved by voters in the November 2026 general election.

Practical implications

  • Provides a legal remedy to complete essential repairs when neighboring consent is withheld.
  • Balances property repair needs with neighbors’ rights by requiring court oversight, specific conditions, and potential compensation.
  • May reduce delays in critical maintenance but introduces court involvement and potential costs.

If you’d like, I can tailor this summary for a policy brief, a constituent advisory, or a legislative memo with a concise one-page version.

Compiled from official sources — confirm details with the bill’s official record.

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