Squatters Rights In Colorado: Everything You Need To Know

Squatters rights in Colorado are based on the legal principle of adverse possession — a doctrine that allows someone to claim ownership of property after occupying it for a certain period under specific conditions. If you’re a landlord in the Centennial State, it’s crucial to understand how these laws work, how they differ from trespassing, and what rights squatters may have.

If you’re investing in rental property, protect your asset early with landlord insurance in Colorado.

What Are Squatters Rights In Colorado?

In Colorado, squatters can potentially gain legal ownership of a property if they meet the criteria for adverse possession. This requires that the squatter’s occupancy is:

• Hostile (without permission)
• Actual (they are physically present on the property)
• Exclusive (they are not sharing the space)
• Open and Notorious (the possession is visible and obvious to others)
• Continuous (for a statutory period)
  

Colorado requires 18 years of continuous possession to make a valid claim. That period may be reduced to 7 years if the squatter has what’s known as “color of title” and has paid property taxes during that time.

Why Do Squatters Have Rights?

Squatters rights exist to promote the productive use of property and discourage long-term neglect. The law assumes that if a landowner doesn’t act to remove a squatter for years, and the squatter treats the property as their own, the land might be better managed by the occupant.

This concept originates from English common law and has been incorporated into Colorado statutes to ensure land is put to its best use, even if the original owner is absent.

Squatters Rights 30 Days: Is There Any Protection?

There is no special protection or legal right granted to squatters in Colorado after 30 days of occupation. Squatters must meet the full time requirement (typically 18 years, or 7 years with taxes and color of title) to have any legal standing under adverse possession.

That said, staying 30 days or more can sometimes complicate the removal process, particularly if a property owner hasn’t taken immediate action. This is why prompt enforcement is key.

What Is Considered Trespassing Versus Squatting?

In Colorado, squatting and trespassing can initially look the same — both involve someone on the property without permission. However:

• Trespassing is a criminal offense and may involve break-ins or refusal to leave upon request.
• Squatting, while unauthorized, can evolve into a civil matter if the person occupies the property for an extended period and meets adverse possession conditions.
  

If a squatter lies about ownership, they could face felony perjury charges under Colorado law.

Adverse Possession Requirements In Colorado

To qualify for adverse possession, a squatter must prove all five elements over the course of 18 years — or 7 years with property tax payments and color of title. The elements include:

• Continuous and Exclusive Possession: No sharing with others or leaving the property for long periods.
• Open and Notorious Use: The use must be obvious enough that the legal owner could reasonably be expected to notice.
• Hostile Intent: The squatter occupies the property without permission, claiming it as their own.

Documentation like tax records, property maintenance records, and testimony may be required in court to prove a valid claim.

How Colorado Senate Bill 18-015 Changed Squatting Laws

In 2018, Colorado passed Senate Bill 18-015, a law designed to help property owners more quickly remove squatters. The bill streamlines the process by allowing owners to initiate a civil action to remove an unauthorized occupant and gives law enforcement more authority to assist.

This law was a response to increasing complaints from property owners who faced long delays in removing squatters through traditional eviction channels.

How Do Property Taxes Impact Adverse Possession?

In Colorado, paying property taxes plays a significant role in reducing the statutory period for adverse possession from 18 years to just 7 years. However, the squatter must also have “color of title,” meaning they possess a document that gives the appearance of ownership, even if it’s legally flawed.

For example, a squatter with a deed that was improperly filed or signed could use that as part of their claim — provided they’ve also paid taxes and fulfilled all other criteria.

How Can Landlords Prevent Squatting?

To protect against squatting and potential adverse possession claims, landlords in Colorado should:

• Conduct regular property inspections
• Secure vacant properties with locks and alarm systems
• Post visible “No Trespassing” signs
• Keep utilities and mailboxes monitored to avoid signs of abandonment
• Partner with a property manager if you live out of state or own multiple units

Consider getting landlord insurance to help protect your property from damage caused by trespassers or unauthorized occupants.

How Do You Evict A Squatter In Colorado?

To remove a squatter, Colorado law requires that landlords:

1. Serve a written notice to vacate. This can be a 3-day notice to quit, depending on circumstances.
2. File an eviction complaint with the local county court.
3. Obtain a court judgment for possession of the property.
4. Coordinate with the sheriff for physical removal, if necessary.

You cannot change the locks or shut off utilities to force someone out — these are considered illegal “self-help” evictions and can result in legal consequences.

Does City Law Differ From State Law?

Colorado’s adverse possession laws are statewide, but individual cities like Denver or Colorado Springs may have their own nuisance ordinances or housing codes that affect how squatting is handled.

Local police departments often follow state procedures, but certain municipalities may allow for faster action in specific cases, particularly if health and safety are at risk.

What Properties Are Most At Risk?

Squatters are most likely to target:

• Vacant residential homes (especially during winter or after foreclosure)
• Abandoned commercial properties
• Properties owned by out-of-state landlords
• Rental units between leases

Colorado law applies the same adverse possession principles across all property types, but the ability to detect and address unauthorized occupation often varies based on how closely the property is monitored.

Why Do Military Deployments Matter?

Colorado law protects deployed military members by exempting their time away from being counted against them in an adverse possession claim. That means if a service member is on active duty for years, a squatter cannot use that absence alone to justify a claim.

This ensures property owners serving the country aren’t unfairly penalized for their inability to monitor their real estate.

Frequently Asked Questions

Can a squatter claim ownership after 30 days in Colorado?

No. Colorado law requires at least 18 years of continuous occupation — or 7 years with tax payments and color of title — for a valid adverse possession claim.

Is squatting in Colorado considered a felony?

Squatting itself is not a felony, but lying under oath or filing fraudulent ownership claims can lead to perjury charges, which are felonies.

Can a landlord immediately remove squatters without going to court?

No. Landlords must go through the formal eviction process and obtain a court order before police can assist in removal.

Do squatters have to pay property taxes to gain rights?

Only if they’re trying to shorten the adverse possession period to 7 years. Without tax payments, the default requirement is 18 years of continuous occupation.

Are there specific protections for landlords with vacant properties?

Yes. Tools like landlord insurance and the authority granted under SB 18-015 give landlords more support in dealing with squatters swiftly and legally.

Final Thoughts

Squatters rights in Colorado can be confusing and stressful for property owners, but they are rooted in longstanding property law principles. If you’re a landlord, the best defense is consistent property oversight, legal preparedness, and proactive maintenance. Adverse possession is rare but can happen when absentee owners neglect their properties for long periods.

To safeguard your investment, consider legal consultation and obtain landlord insurance in Colorado to mitigate risks associated with squatting, vandalism, and legal disputes.

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