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:
- State: Colorado
Answer:
Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land.; In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a period of time.; In Colorado, the duration of such possession is seven (7) years if the claimant claims under color of title.; If the claimant does not make his/her claim under color of title, the duration of possession is eighteen (18) years.
Color of title means ownership of property by a person in possession, without being regular, such as not having one or more of the memorials or documents registered, or not properly registered. Color of title is where the claimed owner has some piece of paper claiming to transfer title to him or her, and that paper has defects for some reason. Color of title refers to a claim based on a land right, land warrant, land scrip or an irregular chain of title.
Color of title is often raised in adverse possession claims. If a person claims adverse possession under claim of title, they get only what they actually possessed. If adverse possession is claimed under color of title, a person may have only cleared two acres of the entire five acres, but they will get 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.
