Boundary Disputes and Adverse Possession in Colorado

In Colorado, every boundary dispute is unique. The law must reconcile recorded surveys with the specific and often messy history of how neighbors have actually used and occupied the land over many decades. This article explores how to resolve boundary disputes by balancing historical land use with modern legal ownership, and how a real estate attorney may help.

• Boundary disputes typically stem from disagreements between neighbors over property lines, fence placement, encroaching structures, and overhanging trees.

• Fences on a property line are joint property, requiring mutual consent for removal and equal division of maintenance costs.

• Physical intrusions can create legal liabilities and should be disclosed at the time of sale to avoid future litigation and disputes.

• A neighbor can legally claim your land if they occupy it exclusively for an extended period without permission.

• Owners can use a quiet title to prove ownership, ejectment to remove an intruder, or an easement to grant limited usage rights. 

• Working with a Colorado real estate attorney can help property owners resolve boundary disputes, prevent escalation, and enforce their property rights. 

Boundary disputes occur when neighbors disagree about the exact location of their property lines or the permitted use of land near them, often due to conflicting interpretations that evolve over years of use. 

While some disagreements arise suddenly, most stem from long-standing physical changes or historical oversights that gradually blur ownership lines. Common causes include: 

• Fences - Absent a modern survey, old boundary markers can trigger a Colorado fence dispute.

• Landscaping - Trees, driveways, or gardens crossing property lines.

• Encroachments - Structures like sheds, decks, or walls built on a neighbor’s land. 

• Long-term use - One neighbor maintains land they don’t technically own.

If left unattended, these situations can raise legal questions about whether long-standing use of land may affect ownership. 

Residential fences and trees are frequent sources of conflict, often due to a lack of knowledge of how Colorado property line laws affect them. In Colorado, a structure’s location relative to the surveyed boundary line determines ownership and maintenance responsibilities under Colorado law.

A fence built directly on a property line is considered a shared boundary fence. Both neighbors share the rights and costs of maintaining or repairing the fence unless a prior agreement has been made in writing. Likewise, neither neighbor may remove a shared fence or wall without the other’s permission. Enforcing the shared cost requires 30 days written notice to or from your neighbor.

Neither neighbor may remove a shared boundary fence or wall without obtaining the other party's express permission. If a neighbor’s tree limbs or roots grow across the property line onto your land, you have the legal right to prune them back without damaging the tree.

When physical boundaries, such as fences or trees, cross the legal property line, they shift from simple maintenance responsibilities to formal legal encroachments that necessitate proactive resolution. 

When neighbors are unable to resolve an encroachment dispute independently, a real estate attorney can help determine the best legal approach to addressing encroachment on a property line. Legal remedies may involve:  

• Quiet title action - Confirms the rightful owner of the disputed property and resolves uncertainty about ownership.

• Ejectment action - Allows a property owner to remove someone who is using land without the legal right to possess it.

• Prescriptive easement - Grants a limited right to use another person’s property for a specific purpose based on long-term, non-permissive use.

While these strategies offer a path toward resolution, failing to address an encroachment can trigger legal principles that prioritize long-term land use over the property’s original deed. 

Addressing a boundary dispute in Colorado involves evaluating official deeds alongside actual land-use history, as long-term possession can eventually override legal documents, either through adverse possession or boundary acquiescence. 

Adverse Possession (18-Year Requirement)

To claim legal ownership of land through adverse possession in Colorado, a fence line must be legally redrawn. This requires the claimant to demonstrate that their continuous use of the property was for at least 18 years. For a court to grant a title change, the following specific legal elements of adverse possession must be established:

1. Actual possession of the land - The claimant must physically use the land as an owner would.

2. Open and notorious use - The use must be visible and obvious rather than out of sight.

3. Exclusive control - The claimant must be the property’s sole user, not sharing its use with the public or the actual owner.

4. Hostile possession - The land must be used without the owner’s express permission. 

5. Continuous possession - These conditions must be met uninterrupted for the full 18-year statutory period. 

Boundary Acquiescence (20-Year Requirement)

Under C.R.S. 38-44-109, Colorado courts can recognize a physical marker as the permanent legal boundary if both neighbors have treated it as the dividing line for at least 20 years. To successfully establish a boundary through acquiescence, Colorado courts look for two critical factors: 

• Mutual recognition - Both parties must have acted as if the marker were the property line. Evidence of this can be demonstrated through maintenance, landscaping, or the placement of structures up to that specific marker. 

• Actual possession - A fence alone doesn’t prove acquiescence. There must be clear evidence of actual possession and control of the land up to the fence, in addition to the land being occupied and treated as your own for the full 20-year period. 

Colorado property line disputes involve intricate state statutes that many general practice firms overlook. At Robinson & Henry, our real estate attorneys provide the strategic guidance necessary to manage: 

• Adverse possession claims - Defending your deed against long-term, non-permissive use of your land.

• Boundary acquiescence - Navigating the 20-year rule where physical markers like fences override official surveys.

• Encroachment resolutions - Negotiating land sales, prescriptive easements, or quiet title actions for intruding structures. 

Don’t leave your property rights to chance. Contact our experienced Colorado boundary dispute team today. 

How long does it take to claim adverse possession in Colorado? 

In Colorado, adverse possession requires continuous use of the property for at least 18 years. In boundary dispute cases, this time period often relates to a long-standing fence or to uninterrupted, unchallenged use of land. 

What are the requirements for adverse possession in Colorado?

To claim adverse possession in Colorado, a person must openly, continuously, and exclusively possess and use the land without the owner’s permission for the required statutory period of at least 18 years. This needs to be obvious to the true owner and treated as if the land belongs to the possessor.

What are the consequences of adverse possession in Colorado?

If adverse possession is successfully proven, the person in possession may acquire legal ownership of the disputed land. For property owners, failing to address long-term boundary use could lead to the loss of property rights or complications when selling or refinancing the property. 

Who can claim adverse possession in Colorado?

Anyone who meets Colorado’s legal requirements for adverse possession may bring a claim, including neighbors who have used land beyond a fence line or boundary. This allows the legal title to shift based on how the land was actually occupied over time.