Chapter 21 - § 21.2 • GENERAL CONSIDERATIONS

• Jurisdiction: Colorado

§ 21.2 • GENERAL CONSIDERATIONS

§ 21.2.1—Nature of Title by Adverse Possession

Generally, title to property acquired by adverse possession matures into an absolute fee interest after the statutory period has expired.¹⁹ However, several exceptions exist. For example, adverse possession of land held by a tenant for life is not effective as against the remainderman,²⁰ and adverse possession of the surface is not effective as against the owner of the mineral estate.²¹ Adverse possession of the surface over subsurface in the actual possession of the landowner may create a severance of the surface and subsurface estates.²² One who succeeds in proving adverse possession under color of title is entitled to a judgment only to the extent and according to the purport of his or her paper title.²³ Adverse possession is not a "taking," for which compensation must be made.²⁴

§ 21.2.2—Exceptions and Limitations

Title to property cannot be acquired from the United States by adverse possession.²⁵

C.R.S. § 38-41-101(2) provides:

The limitation provided for in subsection (1) of this section²⁶ shall not apply against the state, county, city and county, city, irrigation district, public, municipal, or quasi-municipal corporation, or any department or agency thereof. No possession by any person, firm, or corporation, no matter how long continued, of any land, water, water right, easement, or other property whatsoever dedicated to or owned by the state of Colorado, or any county, city and county, city, irrigation district, public, municipal, or quasi-municipal corporation, or any department or agency thereof shall ever ripen into any title, interest, or right against the state of Colorado, or such county, city and county, city, public, municipal, or quasi-municipal corporation, irrigation district, or any department or agency thereof.

(A quasi-municipal corporation is not a true municipal corporation having powers of local government, but is merely a public agency endowed with such of the attributes of a municipal corporation as may be necessary in the performance of its limited objective.²⁷ )

Under this statute, there can be no adverse possession against state or local government.²⁸ A school district may not adversely possess against the State of Colorado.²⁹ Adverse possession cannot be claimed of a public roadway³⁰ or property acquired by dedication.³¹ Adverse possession of land sold for taxes as against the purchaser at the tax sale (or as against the assignee of the...