ADVERSE POSSESSION CLAIMS IN COLORADO

Adverse possession—also known as “squatters rights”—is a legal concept that usually arises during a real estate transaction, boundary dispute, or property dispute. It refers to the legal method by which one person gains ownership of another person’s property by occupying and using it without the original owner’s permission.

ESTABLISHING AN ADVERSE POSSESSION CLAIM

It can be quite challenging to establish an adverse possession claim. Colorado courts will employ a six-prong test when assessing adverse possession claims. If you are trying to gain ownership of a property by adverse possession, you will need to prove all the following elements to the adjudicating court:

• Actual Possession. You must engage in what the legal world calls “actual and exclusive” use of the property. Actual possession means you are physically using the property in the ordinary way for that type of land and in a way that prevents the true owner from using it and gives notice to the owner that you are using the property (i.e., “open and notorious”).
  • Maintenance of shrubbery, landscaping, fencing; mining; fixing up a house; and use for farming or grazing, are examples of actual possession.
  • Building a fence around land, planting trees, installing irrigation, and building buildings on land have been found to meet the element of hostility.
  • An example could be maintenance and use of a ditch on other property and walking on a property every morning.

  In 2008, the Colorado state legislature passed a bill making it more difficult for a party to obtain property through adverse possession. The bill included three notable changes to the previous standard. First, you must reasonably believe in good faith that you are the property owner. Second, the burden of proof standard was increased from a preponderance of the evidence to clear and convincing evidence. Lastly, instead of obtaining the property at no cost, as had been the case, a judge may require you to pay for it.

  PREVENTING AN ADVERSE POSSESSION CLAIM

  Property owners may be able to prevent adverse possession claims from arising by posting No Trespassing signs on their property or requiring users of the property to sign a lease or use agreement. Regularly walk the property and use it. If someone occupies the property without permission, the owner should call the police and file a trespassing report.

  CONTACT AN EXPERIENCED ATTORNEY IN COLORADO TODAY

  Adverse possession claims aren’t very common, but when do they arise, it is essential to consult an experienced real estate attorney. We have a wide variety of experience representing parties claiming adverse possession and parties being threatened with adverse possession. Whichever side you’re on, we are here to help. Call us today at 720-770-3457 or contact us online to request a free consultation.

  The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by completing our consultation request form.

  • Civil & Commercial Litigation
    • Construction Litigation and Disputes
      • Construction Defects
      • Construction Contracts
      • Homeowner and Contractor Disputes
      • Construction Liabilities
      • Contractor Defenses
      • Mechanic’s Liens
      • Warranty Claims
      • Breach of Contract
      • Fraud
      • Negligence and Breaches of Duties
      • Arbitration
      • Business and Partnership Disputes
      • Business Buyout Litigation
      • Landlord Tenant Litigation and Disputes
      • Adverse Possession
      • Trespass
      • Nuisance
      • HOA Disputes
      • Mediation
      • Premises Liability
      • Negligence
      • Assault and Battery
      • Strict Liability
      • Settlement & Release Agreements
      • Adverse Possession
      • Boundary Disputes
      • Covenants Running With the Land
      • HOA Disputes
      • Landlord Tenant
      • Nondisclosure and Fraud
      • Nuisance Claims
      • Real Estate Property Contracts
      • Trespass
      • Quiet Title
      • Partition
      • Construction Contract Breaches
      • Contractor Defenses
      • Construction Defects
      • Construction Project Liability
      • Mechanics’ Lien
      • Warranty Claims
      • Business Contract Negotiation & Drafting
      • Business Formation
      • Business Startups
      • Buying Or Selling A Small Business
      • Commercial Contracts
      • Construction Contracts
        • Construction Contracts Drafting
        • Construction Project Financing
        • Construction Contract Laws
        • Construction Risk Allocation