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 generally remove squatters through the forcible entry and detainer (FED) process in county court under C.R.S. § 13-40-101 et seq., or, for a vacant residential property occupied by someone who has never had the owner's permission, through the faster removal process for unauthorized persons under C.R.S. § 13-40.1-101 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, but only as a supplement to a completed title transfer, not as an alternative to it. Once a court determines that a claimant has satisfied the statutory elements and enters the order awarding title to the adverse possessor, it may hold a separate evidentiary hearing and award the original owner fair compensation for the land in addition to that title transfer. This compensation remedy was intended to soften the result of an innocent property owner losing land through no fault of their own, not to let a court substitute a payout for the loss of title.

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 should serve the occupant with a written demand to vacate. Which notice the law requires, and whether it requires one at all, depends on which ground under C.R.S. § 13-40-104(1) the occupant falls under.

An occupant who entered without the owner's permission and has never had a rental agreement falls under C.R.S. § 13-40-104(1)(a), which covers entry "without right or title, into any vacant or unoccupied lands or tenements." That subsection prescribes no pay-or-quit notice period, so no fixed statutory waiting period runs before the owner may file.

The 3-day figure often repeated online does not come from that subsection. C.R.S. § 13-40-104(1)(d) applies to a tenant or lessee who holds over after defaulting on rent under an existing agreement, and it requires ten days' notice in writing; three days applies only to a nonresidential agreement or an employer-provided housing agreement, and five days to an exempt residential agreement. A separate 3-day figure in C.R.S. § 13-40-107(2)(d) applies to ending a tenancy at will or a tenancy of less than one month, not to a trespasser.

When a demand is served, C.R.S. § 13-40-106 governs its contents: it must be in writing, specify the grounds for the owner's right to possession including a specific description of the alleged violation, describe the premises, state the date and time the premises must be delivered up, and be signed by the person claiming possession or their agent or attorney. Serving a notice under the wrong subsection is a real dismissal risk in an FED case, so an owner unsure which ground applies should get advice from a Colorado attorney before serving.

Step 2: File an FED Complaint in County Court

If the occupant does not leave, 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.

Expedited Removal for Unauthorized Persons (C.R.S. § 13-40.1-101 et seq.)

Colorado has had a faster, court-based removal path since 2018: the Protecting Homeowners and Deployed Military Personnel Act (SB18-015), codified at C.R.S. § 13-40.1-101 et seq. It applies narrowly, to an 'unauthorized person' occupying uninhabited or vacant residential premises with no current or prior agreement or consent from the owner. The owner or an authorized agent files a complaint and a verified motion for a temporary mandatory injunction in county court. The court must hold a hearing no later than the next court day after filing. If the court grants the motion, it issues a writ of restitution, and the sheriff must remove the occupant within 24 hours of receiving the order and bar the occupant's return for 14 days. If the court finds the occupant does not meet the definition of an 'unauthorized person,' for example because the occupant ever had the owner's consent or a rental agreement, the owner must instead pursue the standard FED process below. Because this remedy is limited to vacant, uninhabited residential premises with an occupant who has never had the owner's consent, it does not reach every squatter situation, and the ordinary FED process under C.R.S. § 13-40-101 et seq. remains available for cases outside that scope.

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.

National squatters rights guide

Last updated: May 27, 2026.

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

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