RENT OWN SELL
Newyork
RENT OWN SELL
Newyork
Noticed an uninvited visitor camping out on your Colorado property? Squatting can pose a major problem for property owners. However, it’s important to first familiarize yourself with Squatters Rights in Colorado before taking extreme actions.
In this guide, we will delve into everything you need to know about squatting laws in Colorado – from how to quickly and legally get rid of squatters to preventing any future unwanted occupants from entering your premises.
A squatter is someone who occupies a building or land without permission or legal right. They might be in an abandoned house, a vacant lot, or even a property they shouldn’t be in. Squatters in Colorado do this for various reasons, from finding affordable housing to making a political statement.
Anyone who has legal permission to be on the property isn’t a squatter. This includes homeowners, tenants with a lease (even if they overstay – called holdover tenants), and invited guests. Likewise, trespassers are also not squatters, they typically don’t intend to stay long-term and might have entered illegally.
Adverse possession or “squatter’s rights” started from British property law which was meant for determining clear land boundaries. Such rights developed in the USA due to the rapid growth of cities and towns and higher demand for affordable housing. These laws enable people to occupy abandoned or unused property and even claim ownership after some time has elapsed if certain legal conditions are met. It helps in making sure that all available space is utilized while at the same time discouraging neglect and decay of assets by making property owners use them.
Squatters rights refer to the concept that if a person occupies land without permission for an extended period of time, they may acquire legal ownership of it.
The process is not as simple as it sounds. In general, a squatter must fulfill specific requirements such as continuous use or possession over a certain number of years (which varies by state) before being able to claim adverse possession as a legal right.
Additionally, the individual typically has to pay taxes on the property during this period. If these conditions are met and no action is taken by the owner to evict the individual during this time, the squatter may be able to claim legal ownership through the court.
Colorado doesn’t exactly have “squatter’s rights” in the traditional sense. Instead, it follows the legal concept of adverse possession. This means squatters can potentially acquire ownership of a property they’ve been living on without permission, but there are strict requirements:
There’s a faster way to claim ownership if the squatter has:
Color of Title: “Color of title” is a legal term referring to a claim to ownership of property based on some written instrument (such as a deed or will) or legal judgment that appears to convey title but is, in reality, invalid or defective. It provides a basis for acquiring title through adverse possession, as the possessor believes they hold a legitimate claim. Essentially, it involves an appearance or semblance of the title without the full legal validity of actual ownership.
Paid Property Taxes: They’ve consistently paid property taxes for at least seven years.
Fortunately, squatting laws in Colorado offer a streamlined process for removing squatters thanks to Bill SB 18-015 passed in 2018. If the squatters lack any legal right to be there, you can bypass the traditional eviction process. Simply sign a document stating they’re on the property without your permission. Law enforcement can then remove them within 24 hours.
However, this only applies if the squatters don’t have a shred of legal justification for being there, such as a faulty ownership document (“color of title”) or another legitimate claim. If there’s any doubt, it’s best to consult with a lawyer to ensure you follow the proper legal channels for removal.
To protect your property from squatters in Colorado, you can:
Through a signed document by the owner declaring that they have no right to be there, the Colorado police can remove squatters, provided the latter do not have a legal claim on the property.
No, turning off utilities on a squatter in Colorado is illegal. It’s considered an unlawful eviction and could result in legal trouble for you.
No, squatting in a home is not legal. It’s considered trespassing and can lead to eviction and fines.
Yes, all states have laws regarding squatters (adverse possession), but the specific requirements and timelines to acquire ownership through squatting vary by state.
In Colorado, a squatter must continuously occupy a property for at least 18 years to claim adverse possession. However, this period is reduced to 7 years if the squatter pays property taxes and possesses the color of title.
Read Also: Inside New York Squatters Rights
