Colorado Property Boundary Disputes Highlight the Importance of Accurate Surveys
Property boundary disputes can become complicated when fences, driveways, sheds, landscaping or other improvements cross onto neighboring land.
Colorado’s adverse-possession law generally requires a claimant to establish qualifying possession of another person’s property for 18 years before ownership can be acquired through adverse possession. The rule is established by Colorado statute and is not a newly adopted seven-to-18-year change.
A recent Colorado Court of Appeals decision illustrates how the 18-year requirement can become important in a dispute involving a fence and neighboring property.
What Is Adverse Possession?
Adverse possession is a legal doctrine under which a person may potentially acquire rights to another person’s real property after meeting specific legal requirements for the required period of time.
Colorado law requires the claimant to establish the necessary elements of adverse possession. These generally include possession that is:
- Actual
- Adverse
- Hostile
- Under a claim of right
- Exclusive
- Uninterrupted
Recent Colorado case law continues to identify 18 years as the statutory period for acquiring ownership through adverse possession.
Simply using a piece of a neighbor’s property does not automatically result in ownership.
The 18-Year Rule Is Not New
The original article stated that Colorado previously required seven years and that the Supreme Court had now increased the period to 18 years.
That is incorrect.
Colorado’s statutory framework has long provided for an 18-year limitation period involving adverse possession. Colorado Supreme Court decisions have also applied the 18-year requirement in boundary and adverse-possession cases dating back decades.
For example, Colorado Supreme Court cases have addressed situations where fences did not correspond with the actual surveyed property boundary and where parties claimed property based on long-term possession.
A Recent Case Illustrates the Issue
A 2026 Colorado Court of Appeals case, Meridian Trust v. Loboguerrero, involved a dispute concerning property enclosed by a fence.
The court considered whether the possession of the disputed land had continued for the required 18-year period. The court explained that a claimant seeking ownership through adverse possession must establish actual, adverse, hostile, exclusive and uninterrupted possession for 18 years.
The case demonstrates why seemingly minor boundary differences can become significant when a fence or other improvement has remained in place for many years.
Why This Matters to Colorado Homeowners
Many homeowners assume that the fence around their yard represents the exact legal boundary of their property.
That isn’t necessarily the case.
A fence may have been installed based on:
- An old survey
- A mistaken measurement
- A previous owner’s understanding
- An informal agreement between neighbors
- Landscaping or construction decisions
- A boundary that was never professionally confirmed
Over time, these differences can become difficult to resolve.
Fences Don’t Automatically Establish Ownership
A homeowner should not assume that using land beyond the deeded boundary for many years automatically transfers ownership.
Adverse possession involves specific legal requirements, and the person asserting the claim generally has to establish those requirements with sufficient evidence.
Colorado law also contains specific rules regarding the evidence and circumstances necessary to establish adverse possession.
This is why a boundary dispute should not be treated simply as a disagreement about where a fence belongs.
What Buyers Should Do Before Purchasing
A property purchase is one of the best times to identify potential boundary problems.
Buyers considering a property with fences, detached structures, driveways or landscaping near a property line may want to determine whether the improvements correspond with the legal boundary.
Depending on the circumstances, buyers may consider obtaining a professional land survey before completing construction or making significant improvements.
This can be particularly important when:
- A fence appears unusually close to the property line
- A shed or garage sits near a boundary
- A driveway crosses a suspected property line
- Neighboring fences don’t appear to align
- There is conflicting information between a prior survey and current improvements
- The property has an unusual shape
- The seller mentions a boundary disagreement
What Homeowners Planning Improvements Should Know
If you’re planning to build a fence, shed, retaining wall, addition or other structure near a property boundary, confirming the boundary beforehand can prevent future disputes.
A small measurement error can become much more expensive after a structure has been constructed.
Homeowners should also check applicable:
- Zoning requirements
- Setback requirements
- HOA rules
- Building permits
- Easements
- Recorded restrictions
A property survey addresses the boundary question, but it does not replace other required approvals.
HOA and Community Association Considerations
Boundary issues can also affect homeowners associations.
HOA boards and community managers may encounter disputes involving:
- Fence locations
- Landscaping
- Common-area boundaries
- Easements
- Lot-line improvements
- Encroachments
- Driveways
- Shared structures
An HOA should be careful about making legal conclusions regarding ownership of disputed property.
When a boundary dispute involves competing claims between homeowners, the parties may need to obtain a professional survey and appropriate legal advice.
What This Means for Sellers
Sellers should be transparent about known boundary disputes or other property issues that may be relevant to a transaction.
If a fence, structure or other improvement appears to cross a property line, it is better to investigate the issue before closing rather than allowing the buyer to discover the problem afterward.
Maintaining copies of previous surveys, title documents and agreements with neighboring property owners can also be useful during the transaction.
What This Means for Real Estate Professionals
Real-estate professionals should avoid assuming that the physical location of a fence establishes the legal boundary.
When a potential boundary issue becomes apparent, buyers and sellers may need to consult qualified professionals, including:
- Licensed land surveyors
- Title professionals
- Real-estate attorneys
The appropriate professional depends on the nature of the issue.
Practical Example
Imagine a homeowner has a fence that was installed 20 years ago.
Years later, a new survey shows that a portion of the fenced yard extends onto the neighboring property.
That does not automatically mean the homeowner owns that additional land.
The legal consequences would depend on facts such as how the land was possessed, whether the possession satisfied the legal requirements for adverse possession, whether ownership changed during the period, and other circumstances.
A recent Colorado appellate decision demonstrates that courts can closely examine the history of possession and whether the statutory requirements were continuously satisfied.
What Residents Should Do
If you believe your fence or another improvement may cross a property boundary:
1. Don’t move the structure immediately.
First determine where the legal boundary actually lies.
2. Locate previous surveys.
Check your closing documents and property records.
3. Consider a professional survey.
A licensed surveyor can establish the relevant property boundaries.
4. Review your title documents.
Easements and other recorded interests may affect how the property can be used.
5. Document the situation.
Keep photographs, surveys and correspondence with neighboring owners.
6. Seek legal advice if ownership is disputed.
Adverse possession and boundary disputes can involve complicated legal issues.
Final Takeaway
Colorado’s 18-year adverse-possession requirement is longstanding, not a new rule created by a recent Supreme Court decision. Colorado law continues to require qualifying adverse possession for the statutory period before ownership can potentially be established.
A recent 2026 Colorado Court of Appeals decision illustrates how courts continue to apply the 18-year requirement when evaluating disputes involving fences and neighboring property.
For Colorado homeowners, the practical lesson is straightforward:
Don’t assume that a fence marks the legal property line. If you’re buying property or planning improvements near a boundary, verify the boundary before construction begins.