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 Real Estate Litigation:

Real Estate sm

Quiet Title Actions

1. Treasurer’s Deed: If a person obtains title to a property through the tax sale process in Colorado and wants to sell the property, the owner must file a quiet title action. A lawsuit must be filed, but the process may be fairly routine; however, notice must be given to all parties with a technical interest in the property. If it is contested, like any litigation, it will be expensive and take a long time to complete.
2. Ownership Dispute: If two or more parties have a dispute over ownership of a parcel of land, it is necessary to file a quiet tile action. In such a dispute, it is likely to go through discovery and trial.

Adverse Possession

If a person has possession of real property for 18 years; said possession is hostile, adverse, under a claim of right, exclusive, and uninterrupted; and the person has a good faith belief that he or she is the actual owner; an action may be filed to establish ownership of the property.

Easements

1. Voluntary: An easement to cross property 1 for access to property 2 may be granted by any landowner. The easement must be carefully drafted by the party granting it and should be scrutinized by the party it is benefitting to make sure it is adequate based on the circumstances and desires of the parties.
2. Adverse: A prescriptive easement may be acquired through litigation when a party has used an access road for over 18 years and the use is open and notorious.

Boundary Issues

If a party builds a road, fence, or building on your property, act quickly as the party in error could obtain ownership rights to your property after 18 years. Some case law suggests that if a person builds a home or structure that encroaches on another’s land in error, the injured landowner may only be able to recover the fair market value of the land under the structure.
A landowner should always consider obtaining a survey of any real property owned and fence rural property. It is hard to know if someone is encroaching or trespassing on your land if you don’t know your boundary. A survey and a fence are much cheaper than litigation.