Colorado Statewide Rule
Colorado Adverse Possession: 18 Years, or 7 Years With Color of Title and Taxes
Key Facts
- General period
- 18 years (§ 38-41-101)
- Shortened period
- 7 years with color of title + taxes (§ 38-41-108)
- Tax payment
- Required for the 7-year path
- Removal method
- Eviction (FED) / trespass, not self-help
- Statutes
- Colo. Rev. Stat. §§ 38-41-101, -108
Summary
Colorado's general adverse possession period is 18 years of open, continuous, hostile possession under Colo. Rev. Stat. § 38-41-101. The period shrinks to 7 successive years where the claimant holds color of title in good faith and pays all taxes on the land (§ 38-41-108). Squatters are removed through eviction or trespass remedies.
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.
Full Breakdown
Under Colo. Rev. Stat. § 38-41-101, an owner generally must bring an action to recover possession within eighteen years, the period an adverse possessor must hold the land to perfect a claim. Section 38-41-108 shortens this where the claimant has color of title made in good faith: "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." Mere squatters without these elements have no possessory right; an owner removes them through the forcible entry and detainer process or a trespass/criminal complaint rather than self-help.
Violations & Penalties
A squatter who has not satisfied the statutory adverse-possession elements is an unlawful occupant subject to removal through an eviction (FED) action under Title 13, Article 40, or trespass and criminal remedies. Owners generally may not use self-help lockouts; they must proceed through the courts. No statutory monetary penalty attaches to the adverse-possession claim itself.
Frequently Asked Questions
How long for adverse possession in Colorado?
Do squatters have rights in Colorado?
How do you remove a squatter in Colorado?
Sources
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