Adverse Possession in Colorado

State-specific overview · Property & Real Estate

Quick summary

Colorado requires 18 years of continuous occupation to claim adverse possession, longer than many states.

How Colorado treats Adverse Possession

Colorado law generally follows the common adverse possession framework but extends the required period to 18 years under C.R.S. § 38-41-101. The possession must be open, notorious, exclusive, and hostile to the true owner's rights. Payment of property taxes during the occupation period strengthens the claim significantly, though it is not always mandatory.

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The general definition of Adverse Possession

Gaining legal ownership of land by occupying it openly and continuously for a set period.

If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Colorado.