adverse possession Colorado

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adverse possession Colorado

I own 80 acres and my neighbor owns 60. The property used to be owned as 140
acres by the same owner. The fence is not on the property line between the two
new separate properties. The properties were sold from the single owner in 2011
and 2013. The other new owner is claiming adverse possession of our land based
on the fence line. Do they have a case for our land as Colorado law is 18 years
and we are not even close to that?

Asked on September 4, 2016 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The adverse possession time table is generally 18 years in your state, though it can be as short as 7 years if it is under "color of title"--some legitimate-seeming, legal-seeming document, like an old deed of some kind, which creates a reasonable belief that the neighbor is the property owner--and paying the taxes on the land. In either event, enough time for an adverse possession claim has not yet passed. However, you should not let this keep going: if the fence is on your land and is not 100% your fence (it is his fence, or is jointly owned), bring a legal action in chancery court (a division or part of country court) seeking a "declaratory judgment" (court determination) as to the boundary and where the fence should be located, and a court order that the fence be moved to the boundary.
If the fence is 100% yours, either move it or build a new fence "outside" of it on the boundary, to make clear that he cannot access your land; and if he does, file tresspassing charges.


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