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Adverse to This Law Staying on the Books


Someone important read Boiling Point last month when we suggested the legislature overhaul adverse possession law. It stemmed from a case in which a Boulder couple lost a third of their land because neighbors convinced a judge they regularly used the property for years. Adverse possession is akin to squatter’s rights—one can claim another’s land after using it openly and continuously for 18 or more years. The proposal will raise adverse possession’s burden of proof and add a level of “good faith,” something sorely lacking in this case.

What’s Next: If the legislation passes, let’s hope the judge handling the Kirlin’s appeal to get back their south Boulder land takes notice.

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