Squatters Rights Colorado Summary
Statutory Period
18 years (or 7 years with color of title & tax payment)
Primary Statute
Colorado Revised Statutes § 38-41-101
Additional Requirements
- Clear and convincing evidence (since 2008)
- Good faith belief of ownership
- Payment of taxes (for 7-year claim)
Squatters Rights 30 Days Colorado
Origins of the 30-Day Myth in Colorado
- Confusion with tenant protections: Colorado's landlord-tenant laws provide specific protections to legal tenants who have permission to occupy a property, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misinterpretation of "holdover tenant" laws: When legal tenants remain after a lease expires, they may have specific rights as holdover tenants that squatters do not have.
- Traditional eviction timelines: The standard court process for removing occupants can take several weeks, creating the false impression that squatters have gained rights during this period.
- Guest-tenant conversion issues: In cases where someone was initially invited as a guest but refuses to leave, different legal principles may apply than in pure squatting cases.
Colorado's 2025 Expedited Removal Process (SB 18-015)
Colorado has taken significant steps to protect property owners with an expedited process for removing squatters:
- Under Senate Bill 18-015 (passed in 2018 and strengthened in subsequent updates), property owners can provide a declaration to law enforcement stating the occupant has no legal right to be there
- Law enforcement can then remove the squatter within 24 hours without court proceedings
- The property owner must provide proof of ownership such as a deed or tax records
- As of 2025, Colorado has expanded this law to include additional protections and clearer guidelines for law enforcement
- The declaration form is available from most Colorado police departments and sheriff's offices
This expedited process was specifically designed to counter the misconception that squatters gain rights after a certain period and to provide rapid relief to property owners.
Important 2025 Update: Colorado has strengthened its anti-squatting laws with amendments to CRS § 18-4-501 (criminal mischief) and CRS § 18-4-203 (second-degree burglary) to more explicitly address squatting situations. Law enforcement now has clearer authority to treat squatting as criminal trespass or burglary in appropriate cases. For actual adverse possession in Colorado, a claimant must occupy the property continuously for 18 years (or 7 years with color of title and payment of taxes), not 30 days. Additionally, since 2008, Colorado requires "clear and convincing evidence" and a "good faith belief" of ownership for adverse possession claims, making such claims extremely difficult to establish.
Overview of Adverse Possession in Colorado
Key information about squatter's rights in Colorado
Colorado's adverse possession laws feature a unique dual-track system with different statutory periods depending on circumstances. Unlike many states, Colorado requires "clear and convincing evidence" for adverse possession claims and allows courts to award compensation to property owners who lose their land through adverse possession.
Statutory Time Requirements
Colorado offers two different paths to establish adverse possession:
- 18 years: Standard adverse possession period (CRS § 38-41-101)
- 7 years: Shortened period if the possessor has color of title AND has paid all property taxes during that time (CRS § 38-41-108)
Reference: Colorado Revised Statutes
Common Law Elements
To establish adverse possession in Colorado, the following elements must be proven:
- Actual: Physical occupation of the property
- Adverse/Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Reference: Colorado Court of Appeals
Higher Burden of Proof
Since 2008, Colorado law requires "clear and convincing evidence" to prove adverse possession claims. This is a higher standard than the "preponderance of evidence" used in most civil cases, making adverse possession claims more difficult to prove.
Reference: Colorado House Bill 08-1148
Good Faith Belief Requirement
Colorado law requires that the adverse possessor or their predecessor had a "good faith belief" that they were the actual owner of the property. This belief must have been reasonable under the circumstances - an addition made in 2008 to prevent intentional land grabs.
Compensation for Property Owners
If an adverse possessor succeeds in their claim, Colorado courts have discretion to award compensation to the original owner who lost the property. This may include:
- The actual value of the property based on the county assessor's valuation
- Reimbursement for property taxes paid during the 18 years prior to the adverse possession action
Color of Title
In Colorado, "color of title" means possessing some written document that appears to give ownership rights to the property, even if that document is ultimately invalid or defective. Examples include:
- Defective deeds
- Improperly executed conveyances
- Tax deeds with errors
- Other documents that purport to convey title but contain flaws
Public Land Exception
Colorado law explicitly prevents adverse possession claims against land owned by:
- The state of Colorado
- Counties
- Cities and towns
- Irrigation districts
- Public, municipal, or quasi-municipal corporations
No matter how long someone occupies public land, they cannot gain ownership through adverse possession.
Prescriptive Easements
While Colorado's 2008 law raised the standard for adverse possession claims, it explicitly did not change the standards for prescriptive easements (rights to use another's property). Prescriptive easements still require:
- Open, notorious, and adverse use
- Continuous use for 18 years
- Can be proven by "preponderance of evidence" (not the higher "clear and convincing" standard)
Colorado Adverse Possession Statutes
Colorado Revised Statutes § 38-41-101. Limitation of Eighteen Years
(1) 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' adverse possession of any land shall be conclusive evidence of absolute ownership.
(2) The limitation provided for in subsection (1) of this section shall not apply against the state, county, city and county, city, irrigation district, public, municipal, or quasi-municipal corporation, or any department or agency thereof. No possession by any person, firm, or corporation, no matter how long continued, of any land, water, water right, easement, or other property whatsoever dedicated to or owned by the state of Colorado, or any county, city and county, city, irrigation district, public, municipal, or quasi-municipal corporation, or any department or agency thereof shall ever ripen into any title, interest, or right against the state of Colorado, or such county, city and county, city, public, municipal, or quasi-municipal corporation, irrigation district, or any department or agency thereof.
(3)(a) In order to prevail on a claim asserting fee simple title to real property by adverse possession in any civil action filed on or after July 1, 2008, the person asserting the claim shall prove each element of the claim by clear and convincing evidence.
(3)(b) In addition to any other requirements specified in this part 1, in any action for a claim for fee simple title to real property by adverse possession for which fee simple title vests on or after July 1, 2008, in favor of the adverse possessor and against the owner of record of the real property under subsection (1) of this section, a person may acquire fee simple title to real property by adverse possession only upon satisfaction of each of the following conditions:
- The person presents evidence to satisfy all of the elements of a claim for adverse possession required under common law in Colorado; and
- Either the person claiming by adverse possession or a predecessor in interest of such person had a good faith belief that the person in possession of the property of the owner of record was the actual owner of the property and the belief was reasonable under the particular circumstances.
(5)(a) Where the person asserting a claim of fee simple title to real property by adverse possession prevails on such claim, and if the court determines in its discretion that an award of compensation is fair and equitable under the circumstances, the court may, after an evidentiary hearing separately conducted after entry of the order awarding title to the adverse possessor, award to the party losing title to the adverse possessor:
- Damages to compensate the party losing title to the adverse possessor for the loss of the property measured by the actual value of the property as determined by the county assessor as of the most recent valuation for property tax purposes. If the property lost has not been separately taxed or assessed from the remainder of the property of the party losing title to the adverse possessor, the court shall equitably apportion the actual value of the property to the portion of the owner's property lost by adverse possession including, as appropriate, taking into account the nature and character of the property lost and of the remainder.
- An amount to reimburse the party losing title to the adverse possessor for all or a part of the property taxes and other assessments levied against and paid by the party losing title to the adverse possessor for the period commencing eighteen years prior to the commencement of the adverse possession action and expiring on the date of the award or entry of final nonappealable judgment, whichever is later.
Colorado Revised Statutes § 38-41-108. Rights in Possession Seven Years - Color of Title and Payment of Taxes
Every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, who for seven successive years continues in such possession and also during said time pays all taxes legally assessed on such lands or tenements shall be held and adjudged to be the legal owner of said lands or tenements to the extent and according to the purport of his paper title. All persons holding under such possession by purchase, devise, or descent, before said seven years have expired, who continue such possession and continue to pay the taxes as provided in this section, so as to complete the possession and payment of taxes for the term, provided in this section, shall be entitled to the benefit of this section.
Important Legal Notes
- The 2008 amendments (House Bill 1148) significantly changed Colorado's adverse possession law by adding the "clear and convincing evidence" standard, the "good faith belief" requirement, and the compensation provisions.
- These changes were made to address perceived abuses of adverse possession law and to provide greater protection to property owners.
- Colorado specifically exempts all government-owned lands from adverse possession claims, no matter how long the possession continues.
Key Colorado Adverse Possession Cases
Schuler v. Oldervik (2006)
Established that adverse possession can be found where plaintiffs' possession was (1) hostile because they used the property as their own, (2) exclusive and actual because they acted as an average landowner would in utilizing the property, and (3) adverse because their use was sufficiently open and obvious to apprise the defendant of their intention to claim ownership.
Smith v. Hayden (1989)
Clarified that a concession by an adverse possessor that another party holds record ownership of a parcel does not necessarily demonstrate a lack of intent to possess adversely. The court found that the trial court's determination that possession was hostile was supported by declarations in the record, actual use of the parcel, and the marking of boundary lines.
Salazar v. Terry (1996)
Established that common ownership of two tracts of land extinguishes any acquiescence in boundary lines attributable to prior landowners unless the deed specifically adopts the boundary lines as previously agreed upon.
Matoush v. Lovingood (2008)
Significant case addressing termination of easements through adverse possession. The court held that an easement can be terminated by adverse possession if the use of the easement area was: (1) adverse to the easement holder's right, (2) open or notorious, and (3) continuous without interruption for the statutory period.
Ocmulgee Properties v. Jeffery (2001)
Established that a record owner's application to subdivide property does not constitute an exercise of control sufficient to disrupt the period of adverse possession by a claimant in actual possession of the property. The court ruled that such proceedings alone do not dispossess the claimant or constitute legal action to regain possession.
Welsch v. Smith (2005)
Important case establishing that when both property owners believe a fence has marked the true boundary between properties for 18 years, there is a presumption that the holding is adverse. The court also held that removal of a fence after the statutory period would not necessarily rebut the presumption of adversity.
Colorado Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Colorado, a claimant typically must:
- File a quiet title action in the district court where the property is located
- Provide evidence meeting all common law requirements (actual, exclusive, hostile, open, continuous possession)
- Prove these elements by "clear and convincing evidence" (for claims filed after July 1, 2008)
- Demonstrate a "good faith belief" in ownership that was reasonable under the circumstances
- For the 7-year claim: Provide evidence of color of title and payment of all property taxes during that period
- For the 18-year claim: Prove continuous adverse possession for the full period
The court will then determine if the claimant has satisfied all requirements and may hold a separate hearing to determine if compensation should be awarded to the original owner.
Defending Against Squatters
Colorado property owners can protect against adverse possession claims by:
- Regularly inspecting the property (at least once a year)
- Posting "No Trespassing" signs
- Maintaining fences and clear boundary markers
- Promptly addressing any encroachments
- Granting written permission for any allowed use (converting hostile possession to permissive)
- Keeping tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
Any action that interrupts the continuity of possession will restart the statutory period.
Removing Squatters
Colorado has a specific process for removing squatters:
- Landowner Written Statement (SB 18-015): Since 2018, Colorado property owners can remove squatters by signing a written document alerting law enforcement that squatters are present without permission. If the squatter has no legal right to occupy the property, law enforcement can remove them within 24 hours.
- Traditional Eviction Process: If the above law does not apply, property owners must follow the standard eviction process:
- Serve proper written eviction notice (typically a 3-day demand for possession)
- File a Forcible Entry and Detainer (FED) action with the court
- Attend court hearing
- Obtain a writ of restitution
- Have the sheriff execute the writ and remove the squatters
- Criminal Trespass: In some cases, squatters may be subject to criminal trespass charges under Colorado law.
Important: Colorado law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. These actions are illegal and can result in liability for the property owner.
Frequently Asked Questions
How long must someone occupy my property in Colorado to claim adverse possession?
In Colorado, the standard adverse possession period is 18 years of continuous possession. However, this can be reduced to just 7 years if the person has "color of title" (a document that appears to give them ownership) AND has paid all property taxes on the land during those 7 years.
Do squatters have to pay property taxes in Colorado to claim adverse possession?
It depends on which statutory period they're using. For the 18-year adverse possession claim, payment of taxes is not required (though it can strengthen their case). For the shortened 7-year claim, payment of all property taxes during that period is absolutely required along with color of title.
What is the "good faith belief" requirement in Colorado adverse possession law?
Since 2008, Colorado law requires that the adverse possessor or their predecessor had a "good faith belief" that they were the actual owner of the property, and this belief must have been reasonable under the circumstances. This was added to prevent intentional adverse possession claims by those who knew they didn't own the property.
Can I legally remove squatters from my property in Colorado?
Yes, but you must follow legal procedures. Colorado passed a law in 2018 (SB 18-015) that allows property owners to remove squatters by signing a document alerting law enforcement that the squatters have no permission to be there. Law enforcement can then remove them within 24 hours. If this doesn't apply, you must follow the standard eviction process through the courts. Self-help eviction methods (changing locks, removing doors, etc.) are illegal.
Can I lose part of my property because my neighbor's fence is over the boundary line?
Potentially, yes. In Colorado, if your neighbor maintains a fence over the boundary line for the statutory period (18 years, or 7 years with color of title and tax payments), they may gain legal ownership of that portion of your property through adverse possession. This is particularly true if both parties believed the fence marked the true boundary line.
If someone successfully claims adverse possession of my property in Colorado, can I receive any compensation?
Yes. Colorado law allows courts to award compensation to property owners who lose land through adverse possession. This may include the actual value of the property based on the county assessor's valuation and reimbursement for property taxes paid during the 18 years prior to the adverse possession action. This compensation provision was added in 2008 to make adverse possession more equitable.
Can someone claim adverse possession against government-owned land in Colorado?
No. Colorado law explicitly states that adverse possession claims cannot be made against land owned by the state, counties, cities, irrigation districts, or any public, municipal, or quasi-municipal corporation, regardless of how long someone occupies the property.