Colorado Land & Squatter's Rights

Save

The term "squatter's rights" is commonly used to describe the legal concept of adverse possession. These laws exist in every state, though they are difficult to apply in many cases as they make strict requirements of anyone claiming land through this method. Talk to a Colorado attorney for legal advice if you need help with a squatter's rights case.

Adverse Possession

  • Adverse possession is the legal process in which a person who does not own real property -- land or real estate -- can gain legal title to that property without having to pay or compensate the previous owner. Adverse possession claims most often arise in situations where land owners have abutting properties, such where two neighbors share a fence line, and where, over time, one owner has come to use the other owner's property.

Ownership Requirements

  • Not just anyone can claim title to land through adverse possession. Claimants must be able to show they meet the basic legal requirements established under common law principles in order for their claim to be valid. To claim adverse possession, a claimant must show their use of the property is continuous for the entire time; hostile to the owner's interest; open and notorious as opposed to hidden; actual and not just assumed, and exclusive so that no one else was using it as well.

Time Requirements

  • Not only do claimants have to meet the common-law requirements of adverse possession, they must also meet the statutory provisions. Colorado Revised Statutes sectiosn 38-41-101 et. seq. require that a claimant must maintain possession of the property for at least 18 years before he can try to claim the property under adverse possession. Further, the claimant must have paid property taxes on the property for at least seven years prior to claiming.

Disability

  • Sometimes, a person who is entitled to sue to gain title to a property under adverse possession, or someone defending against such a claim, is prevented from doing so because of different reasons, such as insanity or being too young. If a person is legally unable to sue in court, known as a legal disability, the Colorado statute gives such a person an extension. That person has an additional two years in which to file a claim as soon as the disability is lifted.

References

  • Photo Credit Colorado state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
Promoted By Zergnet

Comments

You May Also Like

  • Squatters' Rights Laws in Colorado

    In property law, squatter's rights are referred to as adverse possession. Adverse possession is a means by which an individual can obtain...

  • About the Squatter's Rights Law

    If you own property, are gone for many, many years and come back to find Goldilocks hanging out on your lawn and...

  • Squatter's Rights Laws in Texas

    Squatter's Rights Laws in Texas. When an individual resides on property without benefit of deed or lease from another, the technical term...

  • Minnesota Property Laws on Squatters' Rights

    Almost every state in the United States has an adverse possession law, allowing squatters to take possession of unused land if they...

  • Process Server Laws in Colorado

    Process Server Laws in Colorado. Whenever someone is sued in a court of law, the law requires they be provided notification of...

  • Squatters' Rights to Land

    A squatter, or someone who is living without permission on the property of another, is known as an adverse possessor under the...

  • Squatters' Rights in Massachusetts

    Did you know that in many states you have legal rights to own property by virtue of using it without having to...

  • Colorado Law on Adverse Possession

    Adverse possession is a method of obtaining title to a property through possession, rather than by purchase, inheritance or gift. It is...

  • How to Get Squatter's Rights

    Squatter's rights are established through a process in which title to real estate is obtained without payment or compensation. This occurs when...

  • What Are Squatters Rights in Ohio?

    What Are Squatters Rights in Ohio?. Though a commonly used term, "squatter's rights" is often misunderstood. Squatter's rights allow someone who doesn't...

  • Tenant's Rights & Squatters

    In the world of housing, it's common for people to rent their home from a landowner and become a tenant. However, some...

  • Squatters Land Rights Information

    A squatter is an illegal occupant of land or a property, especially a residential property. Depending on the length of time the...

  • Squatter's Rights in Arizona

    Squatters Rights in Arizona. Squatters in Arizona have the right to claim land they have been illegally living on or using if...

  • How to Dispose Of A Tenant's Belongings The Right Way

    If your tenant has left personal belongings in your rental property, check your state's laws for the correct procedure to follow. Each...

Related Searches

Read Article

23 Deliciously Easy Lunches to Bring to Work

M
Is DIY in your DNA? Become part of our maker community.
Submit Your Work!