Legal Question in Real Estate Law in Colorado

Re: Adverse possession

Typically, it is very difficult to actually adversely possess property. There is a statute governing adverse possession. Generally, someone would have to possess the property for a period over 10 years. The adverse possessor must possess and use the property in an open manner which puts the record owner on notice. Also the record owner has 10 years to bring suit to reclaim his property. In order to obtain adverse possession, a person may have to file an action to quiet title. Adverse possession is very fact sensitive, probably in this situation it would be extremely difficult for someone to obtain adverse possession of a common area.

Re: Adverse possession

A factual scenario by which a unit owner could establish claim through adverse possession to platted common areas of the assocation would be rare indeed. It is nearly unheard of. Of course, take my comments with the caveat that I do not know any of the salient facts relevant to this particular matter. Feel free to give us a call, however, and I would be more than happy to speak to you in more detail about the case. Very truly, Peter W. Thomas. 303-260-6424.