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Adverse Possession Parker Co

It has been said that adverse possession is a creature of the statute of limitations.  If you do not cry foul for 18 years it is viewed that you have waived the foul and taken it as a given. The adverse possession statute in Colorado can be found at C.R.S. § 38-41-101(1). This statute provides an 18-year limitations period:

The Statute reads:

 No person shall commence or maintain an action for the recovery of the title or possession or to enforce or establish any right or interest of or to real property or make an entry thereon unless commenced within eighteen years after the right to bring such action or make such entry has first accrued or within eighteen years after he or those from, by, or under whom he claims have been seized or possessed of the premises. Eighteen years of adverse possession of any land shall be conclusive evidence of absolute ownership.

Title to property acquired by adverse possession transforms into an absolute fee interest after the statutory period of 18 years has expired.

The requirements for adverse possession must be established.  In order to acquire land by adverse possession, one must prove possession of the disputed parcel for the statutory period and that this possession was open, exclusive, hostile, and continuous.

The possession must be notorious under a claim of right, exclusive, and uninterrupted.

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  • Parker Office
    19751 Mainstreet
    Suite 365
    Parker, Colorado 80138
    Phone: 303-841-9525