In Colorado, a squatter must openly and continuously occupy a property for 18 years to potentially claim adverse possession. With color of title (a defective deed), this may be reduced to 7 years. The statutory citation is C.R.S. § 38-41-101 et seq..
Key Rules at a Glance
| Rule | Detail |
|---|---|
| Adverse Possession Period | 18 years |
| With Color of Title | 7 years |
| Required Elements | Actual, Open, Notorious, Exclusive, Hostile, Continuous |
| Notice to Vacate | 3-day demand for possession; written notice required before filing. |
| Eviction Process | File a Forcible Entry and Detainer (FED) complaint in County Court. Hearing within 5–10 days. |
| Key Statute | C.R.S. § 38-41-101 et seq. |
| Last Updated | 2025-01 |
Possession Requirements in Colorado
Colorado requires open, notorious, continuous, exclusive, hostile, and actual possession. The claim must be 'under claim of right' — the squatter must believe they have a legal right to be there.
The five elements of adverse possession must all be satisfied simultaneously throughout the statutory period. If an owner gives the occupant written permission to use the property at any point, the "hostile" element is defeated — resetting the clock entirely.
Key Facts for Colorado
- Standard adverse possession: 18 years
- With color of title + payment of taxes: 7 years
- Colorado requires the claimant to have a 'claim of right' — good faith belief
- This makes it harder for bad-faith squatters to succeed in Colorado
- Colorado passed SB 23-058 in 2023 strengthening landowner rights against squatters
How to Remove a Squatter in Colorado
Property owners in Colorado should act quickly when an unauthorized occupant is discovered. The process depends on whether the person ever had permission to be on the property:
Trespassers (no permission ever given): Contact local law enforcement. If the person has no claim of right, police can remove them. Document the situation thoroughly.
Holdover tenants (had permission, now overstaying): 3-day demand for possession; written notice required before filing. After serving notice, if the occupant does not vacate: File a Forcible Entry and Detainer (FED) complaint in County Court. Hearing within 5–10 days.
Adverse possession claimants: If the occupant asserts a legal claim to the property and has been present for a significant period, consult a real estate attorney immediately. Do not attempt self-help eviction, as this may expose you to liability.
Dealing with a Squatter in Colorado?
Every situation is different. A licensed real estate attorney in Colorado can advise on notice requirements, the eviction process, and adverse possession defenses.
Frequently Asked Questions — Colorado
How long does a squatter have to stay in Colorado?
Colorado requires 18 years of adverse possession. With color of title and payment of property taxes, this is reduced to 7 years. Importantly, Colorado requires the squatter to have a 'claim of right' — a good-faith belief they have legal right to occupy.