General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A claim to land by adverse possession generally requires 18 years of actual, open, hostile, exclusive and continuous possession.
- Someone in possession under color of title made in good faith who pays all taxes for seven years in a row can claim sooner.
- The seven year route requires both color of title and payment of all taxes for the whole period.
- An owner can give the sheriff a sworn declaration asking for removal of an unauthorized occupant who was never a tenant, or can file a forcible entry and detainer case.
Colorado's general adverse possession period is 18 years, shortened to seven for someone who holds color of title and pays the taxes. A separate statute gives owners a sheriff removal route for unauthorized occupants.
Colorado squatters rights at a glance
| Rule | Colorado | Law |
|---|---|---|
| Adverse possession period | A claim to land by adverse possession generally requires 18 years of actual, open, hostile, exclusive and continuous possession. | C.R.S. section 38-41-101 |
| Claim under a document (color of title) | Someone in possession under color of title made in good faith who pays all taxes for seven years in a row can claim sooner. | C.R.S. section 38-41-108 |
| Paying property taxes | The seven year route requires both color of title and payment of all taxes for the whole period. | C.R.S. section 38-41-108 |
| How owners remove occupants | An owner can give the sheriff a sworn declaration asking for removal of an unauthorized occupant who was never a tenant, or can file a forcible entry and detainer case. | Colorado Revised Statutes, title 38, article 36.5 (unauthorized occupants) |
Adverse possession
An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.
Adverse possession period. A claim to land by adverse possession generally requires 18 years of actual, open, hostile, exclusive and continuous possession. (C.R.S. section 38-41-101)
Claim under a document (color of title). Someone in possession under color of title made in good faith who pays all taxes for seven years in a row can claim sooner. (C.R.S. section 38-41-108)
Paying property taxes. The seven year route requires both color of title and payment of all taxes for the whole period. (C.R.S. section 38-41-108)
Removing an unauthorized occupant
How owners remove occupants. An owner can give the sheriff a sworn declaration asking for removal of an unauthorized occupant who was never a tenant, or can file a forcible entry and detainer case. (Colorado Revised Statutes, title 38, article 36.5 (unauthorized occupants))
Where the case is filed. Eviction cases are filed as forcible entry and detainer actions in the county court for the county where the property is located. (Colorado Revised Statutes, title 13, article 40)
Why force backfires
Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.
Self-help eviction. A landlord may not lock a tenant out, remove belongings or cut off utilities to force a move out; the tenant can recover damages and attorney fees. (C.R.S. section 38-12-510)
Protecting a vacant property
Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.
Mistakes to avoid
- Waiting months to act after someone moves in.
- Changing locks or removing belongings yourself.
- Accepting rent or utility payments from the occupant.
- Leaving a vacant property unchecked for long stretches.
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General information, not legal advice.
Verify current law
We last checked these Colorado rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Colorado attorney about your situation.
Laws named on this page
- C.R.S. section 38-41-101
- C.R.S. section 38-41-108
- Colorado Revised Statutes, title 38, article 36.5 (unauthorized occupants)
- Colorado Revised Statutes, title 13, article 40
- C.R.S. section 38-12-510
Official sources
Colorado forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
How long does adverse possession take in Colorado?
A claim to land by adverse possession generally requires 18 years of actual, open, hostile, exclusive and continuous possession. Source: C.R.S. section 38-41-101.
Does a squatter have to pay property taxes in Colorado?
The seven year route requires both color of title and payment of all taxes for the whole period. Source: C.R.S. section 38-41-108.
How does an owner remove a squatter in Colorado?
An owner can give the sheriff a sworn declaration asking for removal of an unauthorized occupant who was never a tenant, or can file a forcible entry and detainer case. Source: Colorado Revised Statutes, title 38, article 36.5 (unauthorized occupants).