Edwards Adverse Possession Attorneys Work to Protect Clients’ Land Rights
Effective Colorado lawyers advise on disputes over property ownership
Through a doctrine called adverse possession there are ways that someone can assume legal ownership over someone’s land without the owner’s permission if specific conditions are met. However, there are steps a landowner can take to thwart that possibility. Whether you are claiming or contesting adverse possession to a Colorado real estate parcel, Heckman & O’Connor, P.C. can give you the crucial help you need.
What is adverse possession?
Adverse possession is a legal doctrine that allows someone to acquire legal title to real property by occupying it for a designated period of time under certain circumstances. However, a claim of adverse possession in Colorado must satisfy the requirements set forth in state law, and does not succeed merely because someone squats on the land.
The legal requirements of adverse possession in Colorado
The following legal elements must exist for a grant of adverse possession:
- Actual possession — Physical use or occupancy of the land
- Hostile possession — Occupancy without the owner’s permission
- Exclusive possession — The land is not shared with the legal owner or the public.
- Open and notorious possession — Presence on the land must be visible and obvious.
- Continuous possession — Normally, possession must continue for 18 years for ownership to shift, but only seven years if the adverse possessor is under color of title and makes tax payments.
Courts will typically assess these factors based on eyewitness testimony and relevant documents that prove color of title, the owner’s knowledge or other elements of adverse possession. We understand what evidence can prove or disprove adverse possession and vigorously represent parties seeking or opposing a change in legal ownership.
Shortened time periods under certain conditions
The one element of adverse possession that may be easier to fulfill in certain circumstances is continuous possession, which requires only a seven-year period of time when the person claiming adverse possession acts “under color of title,” but what, more precisely, does that mean? The “color of title” rule requires the claimant to have a recorded deed or other written instrument that appears to give them title to the property throughout the seven years, along with the obligation to pay property taxes on the parcel.
Defending against a potential adverse possession claim
There are several ways to defeat a trespasser’s ongoing attempt to acquire adverse possession of your property, such as:
- Posting signs, fencing the land or using the adversely occupied portion for your own purposes, thereby defeating the exclusive possession element
- Granting the trespasser written permission to use the land for an indefinite period, thereby defeating the hostile possession element
- Filing a legal action to remove the trespasser
However, you need to act before the relevant continuous possession period expires, because once the trespasser acquires adverse possession, it may be too late. For this reason, it is important to monitor large or vacant parcels of land to make sure that you don’t lose your ownership rights through neglect.
Legal process for asserting or contesting adverse possession
Someone claiming ownership through adverse possession may file what is known as an action to quiet title, in which the court may consider such evidence as deeds, tax records, surveys and testimony, among other things. These cases are complex and often require legal representation on both sides to ensure that the court has a proper understanding of the facts. We have the knowledge and experience you need, whether you are asserting or contesting the claim of adverse possession.
Contact an experienced Colorado adverse possession lawyer for a consultation
Heckman & O’Connor P.C. helps clients across the Vail Valley and other parts of Colorado assert or oppose adverse possession. Over decades of serving communities such as Vail, Eagle, Gypsum, Avon, Minturn and Leadville, we achieved outstanding results for clients. To discuss your situation and needs, please call 970-926-5991 or contact us online. Our office is in Edwards.
