Squatter’s Rights: Adverse Possession in Colorado
A squatter is an individual who resides in a property for which they have no legal ownership or permission. They present a dual threat, impacting both the property’s integrity and the financial well-being of the rightful owner.
In Colorado, squatters typically take up residence in vacant, deserted, or foreclosed residential structures. Although less common, instances of squatters occupying commercial properties can also arise.
In addition to their absence of legal authorization for occupancy, squatters are not bound by any rent obligations.
Learn more about the history of Squatting in the United States.
Understanding Adverse Possession
Ownership Rights in Question: Adverse possession is a legal idea in property law that lets someone claim ownership over land that belongs to someone else. In simpler terms, it allows a person who’s on your Colorado property without your say-so to potentially become the legal owner of the property.
Requirements for Adverse Possession: To make this kind of claim, the squatter has to meet specific requirements:
- Hostile Claim: The claim has to be “hostile,” which means it goes against the property owner’s interests. Whether the trespasser knows they’re trespassing or not can vary depending on state law.
- Actual Possession: The trespasser has to physically occupy the property and treat it like it’s their own. Proof of this can include things like maintenance work done by the trespasser.
- Open Occupation: The squatter can’t hide; their presence on the property should be clear to everyone, including the property owner.
- Exclusive Occupation: The trespasser can’t share the property with others, like having additional residents, because that would cancel out their adverse possession claim.
- Continuous and Open Occupation: The squatter has to live on the property continuously and openly for at least 18 years before they can make an adverse possession claim. However, this time frame might be shorter if the squatter has something called “color of title” and has been paying property taxes.
Understanding Color of Title in Colorado: What’s It All About?
When you’re exploring the intriguing world of squatter’s rights in Colorado, you’re likely to stumble upon the term “Color of Title.” It might sound a bit legalistic, but it’s worth unraveling.
In property lingo, Color of Title is like a unique twist in the ownership tale. It’s when someone claims property ownership through unconventional means, often lacking some of the standard ownership documents. However, here’s the kicker: to transform that Color of Title into actual property ownership, you typically need to sort out and formalize those documents.
Now, why does this matter in Colorado? Well, having a Color of Title can be a game-changer. It can significantly reduce the amount of time a squatter needs to continuously occupy a property before they can kickstart an adverse possession claim.
Squatting vs. Trespassing: Understanding the Distinction
Distinguishing between squatting and trespassing can be subtle, with a fine line separating the two terms. Squatting is typically considered a civil matter, only transitioning into a trespassing issue when the property owner explicitly communicates their disapproval of the squatters’ presence.
On the contrary, trespassing involves the deliberate and unauthorized occupation or entry into another person’s property, done knowingly and willingly. Trespassing is a criminal offense, subject to legal penalties.
Furthermore, the fundamental difference lies in the squatter’s intent. A squatter generally occupies a property with the aim of eventually owning it, whereas a trespasser does not harbor such aspirations.
However, it’s crucial to bear in mind the following considerations specific to squatters in Colorado:
- Colorado possesses lenient laws governing how property owners can address squatter issues. Consequently, the process of removing a squatter can be challenging and complex.
- Both squatters and trespassers may employ falsified documents in an attempt to assert claims over your property.
- Colorado grants certain rights to squatters, and if they meet the necessary criteria, they could potentially gain legal ownership of your property.
Removing Squatters from Your Colorado Property
In Colorado, prior to the enactment of Bill SB 18-015, removing squatters posed a considerable challenge for property owners. However, with the introduction of this law, the process of squatter removal has become significantly more streamlined.
The primary purpose of this bill is to provide safeguards for landowners, particularly in cases involving military deployments or extended vacations. To initiate the squatter removal process, landowners are simply required to sign a specific document.
By law, the landowner’s signature on this document is subject to penalties for perjury. Thus, false declarations can lead to legal consequences for the landowner. Once the document is signed, it serves as notification to law enforcement that squatters are occupying the property without authorization.
In contrast to many other states where squatter removal is akin to evicting a legal resident, Colorado’s streamlined process simplifies the procedure, reducing its duration, stress, and associated costs.
Protecting Your Property from Squatters in Colorado
To prevent the legal complexities associated with squatters, consider these precautionary measures:
- Arrange for property oversight during your absence.
- Implement regular property inspections.
- Secure all property entrances effectively.
- Install “No Trespassing” signs on the property, especially if it remains unoccupied.
- Consider hiring a professional property management company with expertise in squatter’s rights laws.
Frequently Asked Questions
How long can Squatters stay?
To assert an adverse possession claim, squatters must maintain uninterrupted occupancy of a property for 18 years. Nevertheless, if they have a color of title and pay property taxes, they can make a claim after just 7 years.
Do Squatters have to pay taxes?
It’s worth noting that while paying property taxes is not mandatory for squatters in Colorado, doing so can expedite their ability to assert an adverse possession claim.
Is Squatting in a home illegal?
Squatting is, in essence, an unlawful act, even though individual squatters have legal safeguards. Most squatting cases are resolved in civil court and are not classified as criminal offenses.
