Squatters’ Rights in Colorado

While squatting isn’t legal and is often compared to trespassing, squatters have rights under certain circumstances in Colorado – and in every other state–and are protected by adverse possession laws. This is a challenging but essential area of the law that you – as a landlord or property owner – are well advised to familiarize yourself with. If you have questions or concerns about squatters on your property, you need the trusted legal guidance of an experienced Colorado real estate law attorney.

Squatting vs. Trespassing

When someone trespasses in Colorado, they purposefully – or knowingly and willingly – enter or occupy a property that belongs to someone else without their permission. Squatting, however, involves a distinct intent. A squatter knowingly and willingly occupies a property belonging to someone else to claim ownership.

While the charge of squatting is typically a civil violation, trespassing is a criminal offense. An important point to make here is that although the law affords squatters certain protections, squatting is illegal. Finally, squatters can also face trespassing charges.

Adverse Possession in Colorado

In Colorado, adverse possession is a legal principle that allows a squatter to acquire property that belongs to someone else legally, but several primary requirements must be met, including:

• The squatter’s possession of the property must be actual, meaning they must be physically present on the property and treat it the way they would if they owned it. Their maintenance receipts can show proof of this requirement.
• The squatter’s possession of the property must be apparent, which translates to an open and notorious possession in legal terms. This means it should be clear to others – including the property’s owner – that the squatter has taken possession of the property by openly living there.
• The squatter’s possession of the property must be exclusive, which means that the squatter can’t share the property with other tenants or squatters.
• The squatter’s possession of the property must be continuous. In Colorado, the time frame set for squatter’s rights is 18 years, which means that to make an adverse possession claim, the squatter must prove that they resided on the property for at least 18 continuous years.
• The squatter’s possession of the property must be hostile, which – in Colorado – generally refers to the simple occupation of the property, and the hostility involved is that it goes against the property owner’s best interests.

A Note about the Color of the Title

When the settler has documents that appear to afford them a legitimate claim to the property, it’s called the color of title, and it abbreviates the waiting period until the squatter’s rights apply. Colorado’s time frame is reduced from 18 years to a mere seven before the squatter can pursue an adverse possession claim.  

An Experienced Colorado Real Estate Law Attorney Can Help

The formidable Colorado real estate law attorneys at Brown Dunning Walker Fein Drusch PC have a wealth of experience successfully fighting claims related to squatter’s rights, and we’re here for you, too.  For more information, please contact us online or call 303-329-3363 and schedule an appointment today.