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What is adverse possession for land not on my deed?

What is adverse possession for land not on my deed?

Full question:

I use a parcel of land on my property that does not show up on my deed. I have used it for 6 years. What is the term that goes with obtaining title to it? Since my property deed is listed 29 acres more/less, and the neighboring property is being sold 12 acres more/less, there might be a dispute.

Category: Real Property
Subcategory: Adverse Possession
Date: 04/07/2025
State: Colorado

Answer:

Title to land can be obtained through a legal process known as adverse possession. This occurs when a person uses land owned by someone else for a specific period of time, gaining ownership despite not having a formal deed. To successfully claim adverse possession, the use of the land must meet certain criteria: it must be actual, visible, exclusive, and continuous.

In Colorado, the required period for adverse possession is seven years if the claimant has color of title, which means they possess some document that suggests ownership, even if it has defects. If there is no color of title, the period extends to eighteen years. Color of title refers to having a claim based on documents that may not be properly registered or have irregularities.

When claiming adverse possession under color of title, a person may gain ownership of the entire property even if they only occupied a part of it. For example, if they occupied two acres of a five-acre parcel, they could still claim the full five acres.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you prove land is yours?

To prove ownership of land, you typically need to provide a deed that shows your name as the owner. Other documents, such as tax records, surveys, or title insurance, can also support your claim. If you are claiming land through adverse possession, you must demonstrate actual, visible, exclusive, and continuous use of the property for the required period. In Colorado, this period is seven years with color of title or eighteen years without it.

What documents convey title to real property?

The primary document that conveys title to real property is a deed, which is a legal instrument that transfers ownership from one party to another. Types of deeds include warranty deeds, quitclaim deeds, and special warranty deeds. Each type has different implications regarding the guarantees made about the title. It's essential to ensure that the deed is properly executed and recorded to establish clear ownership.

How to defeat an adverse possession claim?

To defeat an adverse possession claim, you can show that the claimant's use of the land was not exclusive, continuous, or visible. You can also provide evidence that you have maintained control over the property, such as paying property taxes or regularly using it. Additionally, if the claimant does not meet the required time period for adverse possession, this can invalidate their claim.

What is acquisition by adverse possession?

Acquisition by adverse possession is a legal process through which a person can gain ownership of land that they do not hold a formal deed for. This occurs when the individual uses the land in a manner that is actual, visible, exclusive, and continuous for a specified period, which is seven years in Colorado with color of title or eighteen years without it. Successfully claiming adverse possession can result in legal ownership of the property.

What are the documents referred to as evidence of title to real estate?

Documents that serve as evidence of title to real estate include the property deed, title insurance policies, and recorded surveys. These documents establish ownership and can show the history of the property, including any liens or encumbrances. It's important to keep these documents organized and accessible to prove ownership and resolve any disputes.

What document conveys title to real property?

The document that conveys title to real property is known as a deed. A deed is a legal document that transfers ownership from one party to another. It must be properly executed and recorded with the local government to be effective. Different types of deeds, such as warranty deeds and quitclaim deeds, offer varying levels of protection regarding the title.