November 14, 2007
Adverse Possession in the News
We’ve been having an interesting dust-up here in Boulder about adverse possession – a local couple prevailed on what seems to be a pretty ordinary adverse possession claim and a local columnist blasted the decision as an example of how out of control the Boulder “progressive” community is – “where common sense is occasionally as rare as a conservative's view of private property rights,” sparking a backlash that made it all the way to Fox News. And the New York Times a few days ago highlighted Gov. Spitzer’s veto of a bill in New York that would have barred adverse possession “if the person making the claim had ‘actual knowledge’ that the property was owned by someone else,” according to the Times. Who knew AP would be such a hot topic again?
UPDATE: Eduardo Penalver has more thoughts on the Boulder case.
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Nestor--thanks for this. The fox news report make the facts sound more like an easement by prescription (the neighbors wore a path); not sure where the continuous and open and notorious possession is.
Posted by: Alfred | Nov 14, 2007 1:12:49 PM
I just got the opinion and it does turn out to be much more than just the one path that Fox highlighted - the plaintiffs cut several paths through the neighboring lot, gardened on the disputed land (cut weeds, trimmed trees, raked thatch, performed fire abatement), held regular social events there, maintained a wood pile there, etc. This made the front page of our local paper again today and the defendants are vowing to take it all the way to the Colorado Supreme Court!
Posted by: Nestor | Nov 15, 2007 7:50:28 AM