Adverse possession is a legal concept that allows someone to gain ownership of a house or property through continuous and exclusive use for a certain period of time. In Colorado, the statute of limitations for adverse possession is eighteen years. This means that if someone uses a house openly and continuously for 18 years or more, and the true owner of the property does not take action to stop them, the adverse possessor may be able to claim ownership of the property. You must understand that there are specific requirements that must be met for adverse possession to be successful in Colorado.

What are the laws with adverse possession?

The laws surrounding adverse possession vary by state. However, in general, in order for someone to claim adverse possession of a property, they must:

1. Use the property openly and continuously, in a way that is visible and apparent to the true owner.
2. Use the property exclusively, meaning that no one else has the right to use the property during the time of possession.
3. Use the property for a certain period of time, known as the statute of limitations. This period can vary from state to state, but is typically between 5 and 30 years.
4. Have the intent to claim ownership of the property.
5. Have possession of the property without the permission of the true owner.

This is something we see every now and then with homeowners contacting us saying they have a squatter in their property. One of the first things we ask is the time frame this has been going on because some people do know what this is and will take advantage of a homeowner.

How does this effect the homeowner?

Adverse possession can have a significant impact on a homeowner. If someone is successful in claiming adverse possession of a house, the homeowner may lose ownership of that property and all the rights that come with it, such as the right to use, occupy, and sell the property.

The homeowner may also be responsible for paying any back taxes or other debts associated with the property. Additionally, if the property is a primary residence, the homeowner may be displaced and may have to find new housing.

Homeowners should be aware of the laws surrounding adverse possession in their state and to take steps to prevent it from happening, such as regularly inspecting and maintaining their property, and taking action if they suspect someone is trespassing or using their property without permission.

The vitality of consulting with a lawyer if you suspect that someone may be claiming adverse possession of your property should be top of mind.

How do you avoid adverse possession in Colorado?

There are several steps that a homeowner in Colorado can take to prevent and avoid adverse possession of their property:

1. Regularly inspect and keep check your property: By regularly visiting and inspecting your property, you can identify and address any potential adverse possession claims early on. This will also help to ensure that the property is well-maintained and less likely to be targeted for adverse possession.
2. Have “No Trespassing” signs: By posting “No Trespassing” signs on your property, you can make it clear that the property is private and not available for use by others.
3. File a claim of adverse possession: If you suspect that someone is claiming adverse possession of your property, you can file a claim of adverse possession. This will help to protect your rights as a homeowner and prevent the adverse possessor from being able to claim ownership of the property.
4. Take legal action: If you suspect that someone is claiming adverse possession of your property, seek legal advice. A lawyer can help you to understand the laws surrounding adverse possession in Colorado and will be a key player.
5. Surveillance the property : Keep an eye on the property, if you notice any signs of someone using your property without your permission, take steps to stop it, such as asking them to leave, calling the police, or filing a trespassing complaint.

What about the “color of title”?

This is a type of adverse possession that should truly concern real estate investors and landlords looking to buy distressed properties or houses with problem tenants. Color of title refers to an instrument that appears to be a legitimate claim of title to property but due to a title defect, cannot transfer or convey ownership. This especially happens and can happen if you didn’t pay title insurance to actually secure a clean title or perhaps a former owner thinks they still have a valid deed.

Disclaimer: This is for educational purposes and is not legal or financial advice for your situation.

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