HB-1148 Adverse Possession (Witwer-Levy/Tupa)

Posted on January 28, 2008 in Colorado Legislation

Background: Sparked by a court case in Boulder, CO, this bill specifies that a person may acquire fee simple title to real property by adverse possession only upon satisfaction of each of the following conditions: The person and any predecessors in interest of the person, as applicable, have satisfied all of the elements of a claim for adverse possession required at common law. The person claiming by adverse possession, or the person's predecessor in interest, had a good faith belief that the person was the actual owner of the property, and the belief was reasonable under the circumstances. In order to prevail on a claim asserting a claim of title to real property by adverse possession, requires the person asserting the claim to prove each of the elements of the claim by clear and convincing evidence.
Most Recent Action: 4/25 signed by Governor
Position: Support