Permission Granted and Revocable [Adverse Posession]

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by Osman Parvez
It Colorado, it takes 18 years of someone using your land without permission for the trespasser to stake an adverse possession claim.    After a Boulder couple successfully used adverse possession in a case which gathered national attention, regulators responded (HB 1148) with additional hurdles for a successful claim.   The new rules include the possibility of compensation to the former property owner if the claim is successful.   This may reduce the volume of legal cases, but if you're buying or currently own real estate, there's not exactly peace of mind.

Here's What You Should Do 

1.  Talk To Your Neighbors
Once you're under contract, you should make a point of visiting the property several times.    In one or more of these visits, I recommend knocking on the doors of your future neighbors and introducing yourself as the potential buyer.   This is particularly important when it comes to adjacent property.

When you talk to the neighbors, ask about the boundary line and if there are any known issues.   Most of the time, the neighbors have a rough sense of their property lines but sometimes a fence can be over the line.   Sometimes it's a lot more than a misplaced fence.

In addition to evaluating your future neighbor, you'll also get a good sense of whether additional steps to prevent a possible adverse possession claim in the future are warrand.   

2.   Grant Permission
Courts will consider evidence of the adverse nature of use by the party making the claim.    If you've given permission to access or use the property, it's no longer adverse.   

There are several methods to do this, and you may consider doing all of them.    Here are two:

Prominent and permanent signage.    Here's an example I recently spotted embedded in a sidewalk.


The sidewalk was clearly being used by the public, adjoined other public use sidewalks, and in a high traffic area.   This was the solution for granting permission and possibly avoiding an adverse possession claim limiting future development. 

Letters. If you feel comfortable with legal agreements, you can consider writing one yourself.   Some of our clients have taken this approach and others have hired an attorney to handle it.   We recommend the later.   Here's an example.


3.   Consult An Attorney
Realtors have limited knowledge of the law and are not licensed to give legal advice.  If you're serious about protecting your ownership and suspect an adverse possession claim, it's worth your time and money to get professional advice.

---Note: Our goal is to provide exceptional service to our clients. The ideas and strategies in this blog post are the opinion of the writer at the time of publication. Silver Fern Homes recommends careful and complete due diligence before buying or selling real estate or other investments. Consult with your professional advisers before making financial decisions. This article is not intended as legal, tax, or investment advice. Silver Fern Homes will not be held liable for investment choices derived from this article.