Colorado Squatters Rights and Adverse Possession Laws (2026)

Colorado law requires a squatter to occupy property openly and continuously for 18 years before claiming title under adverse possession (C.R.S. § 38-41-101), or 7 years when the claimant holds color of title and has paid all property taxes throughout that period (C.R.S. § 38-41-108). Property owners remove squatters through the forcible entry and detainer (FED) process in county court under C.R.S. § 13-40-101 et seq.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This page covers Colorado state law only. For a comparison of all 50 states, see the national squatters rights guide.

Adverse Possession in Colorado: The 18-Year and 7-Year Periods

Adverse possession is the legal doctrine that allows a person who openly occupies someone else's land, without the owner's permission, to eventually claim legal title through a court action. Colorado recognizes two distinct tracks.

The 18-Year General Rule (C.R.S. § 38-41-101)

Under C.R.S. § 38-41-101, a person cannot bring an action to recover real property unless they do so within 18 years after the cause of action accrues. In practice, this means a claimant who meets all five elements for 18 uninterrupted years can file a quiet-title lawsuit and ask a court to transfer ownership.

Colorado courts require the claimant to prove every one of the following five elements for the entire statutory period:

1. Actual possession: The claimant physically occupies or uses the land in a manner consistent with its character (farming, building, fencing, and similar uses).
2. Open and notorious: The occupation is visible and obvious, giving the true owner constructive notice.
3. Hostile: Possession occurs without the owner's permission. In Colorado, hostility is assessed objectively: it does not require malice or bad intent, but it does mean the claimant treats the land as their own.
4. Continuous: Possession continues without interruption for the full statutory period. Seasonal or periodic use can satisfy this element if it mirrors how a typical owner would use that type of land.
5. Exclusive: The claimant does not share possession with the public or with the true owner.

If the owner successfully interrupts any element, for example by giving written permission that converts hostile possession into a license, the clock resets.

The 7-Year Color-of-Title Track (C.R.S. § 38-41-108)

C.R.S. § 38-41-108 provides a shorter 7-year period for claimants who satisfy two additional conditions on top of the five elements above:

• Color of title: The claimant holds a written instrument that appears to convey ownership but is legally defective (for example, a deed with a technical flaw, an unrecorded deed, or a tax deed later found invalid). The instrument must describe the land with reasonable certainty.
• Payment of all taxes: The claimant must have paid every general property tax assessed against the land during the entire 7-year period.

Both conditions must be met throughout the full 7-year period. A claimant who has color of title but missed even one year of tax payment cannot use the shorter track and must rely on the 18-year period instead.

The 2008 Good-Faith Reform (HB 08-1148)

Before 2008, Colorado adverse possession law was silent on the claimant's state of mind. A person who knowingly occupied a neighbor's land with the intent to claim it could still succeed if they ran out the clock on the statutory period.

The Colorado General Assembly changed that with HB 08-1148, enacted in 2008. The reform added a good-faith belief requirement: a court must find that the claimant held a good-faith belief that the property was theirs. If a claimant knew, or reasonably should have known, that the land belonged to another person, they cannot prevail on an adverse possession claim.

HB 08-1148 also gave courts equitable power to order monetary compensation to the dispossessed owner. Even when a court determines that a claimant has satisfied the statutory elements, the judge can award the original owner fair compensation for the land rather than simply transferring title. This compensation remedy was intended to soften the result of an innocent property owner losing land through no fault of their own.

How to Remove a Squatter in Colorado

Colorado property owners must follow the legal FED process to remove a squatter. Self-help remedies, such as changing the locks, removing the squatter's belongings, or shutting off utilities, are illegal under Colorado law and can expose the owner to civil liability.

Step 1: Serve a Written Notice to Quit

Before filing in court, the owner must serve the squatter with a written demand to vacate. For trespassers with no rental agreement, the standard notice is a 3-Day Notice to Quit under C.R.S. § 13-40-104(d). The notice must identify the property, state the grounds for removal, and demand that the occupant leave within 3 days.

Step 2: File an FED Complaint in County Court

If the squatter does not leave within the notice period, the owner files a Complaint for Forcible Entry and Detainer in the county court for the county where the property is located. Colorado county courts have original jurisdiction over FED actions. Filing fees are modest, and the court issues a summons setting a hearing date, typically within days of filing.

Step 3: Attend the Hearing

At the hearing, the owner presents evidence that the occupant has no legal right to be on the property. The squatter may appear and contest the action. If the owner prevails, the court issues a Judgment for Possession.

Step 4: Obtain and Execute a Writ of Restitution

After judgment, the owner requests a Writ of Restitution. The county sheriff executes the writ and physically removes the squatter if they have not left voluntarily. Only the sheriff, not the property owner, may physically carry out the removal.

No Expedited Removal Law in Colorado

As of May 27, 2026, Colorado has not enacted an expedited squatter-removal statute comparable to laws passed in Florida (2023), Georgia (2024), or other states. The FED process under C.R.S. § 13-40-101 et seq. remains the exclusive legal pathway for removing a squatter in Colorado.

Colorado Squatters Rights FAQ

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Legal disclaimer: This article provides general legal information about Colorado squatter and adverse possession law. It is not legal advice. Laws change, and individual circumstances vary. Consult a lawyer licensed in Colorado for advice about your specific situation.

Sources

• Colorado Revised Statutes § 38-41-101, Limitation for recovery of real property (18-year adverse possession period), Colorado General Assembly, https://leg.colorado.gov
• Colorado Revised Statutes § 38-41-108, Adverse possession with color of title and payment of taxes (7-year period), Colorado General Assembly, https://leg.colorado.gov
• Colorado Revised Statutes § 13-40-101 et seq., Forcible Entry and Detainer, Colorado General Assembly, https://leg.colorado.gov
• HB 08-1148, An Act Concerning Adverse Possession (2008), Colorado General Assembly, https://leg.colorado.gov
• Colorado Judicial Branch, County Court Self-Help Resources, https://www.coloradojudicial.gov

National squatters rights guide

Last updated: May 27, 2026.

Statutes cited reflect their in-force version as of May 27, 2026.