June 30th, 2008

Changing the law on adverse possession

From the Daily Camera

It’s not every day that an otherwise ordinary couple living in an upscale, sleepy neighborhood is responsible for provoking national outcry and leading the charge on overhauling a centuries-old legal concept — but that’s exactly what south Boulder residents Don and Susie Kirlin have accomplished.

At midnight Tuesday, several changes to Colorado law will go into effect that increase the legal standards for proving “adverse possession,” a legal maneuver that has allowed trespassers who openly use land for at least 18 years to claim it as their own with relatively little legal burden.

The changes also will give judges the power to force adverse possessors to pay for the land they do win in court, and to compensate the original owner for back property taxes, and interest.

Another law going into effect this week will restrict judges from hearing cases involving other judges from the same jurisdiction, in an effort to avoid conflicts of interest or the appearance of favoritism.

All of the changes are the result of dozens of state lawmakers who signed onto legislation this year aimed at preventing the abuse of adverse possession.

Read the rest.