Colorado § 38-44-109 - Corners and boundaries established.

§ 38-44-109. Corners and boundaries established.

The corners and boundaries finally established by the court in proceedings under this article, or an appeal therefrom, shall be binding upon all the parties, their heirs and assigns, as the corners and boundaries that have been lost, destroyed, or in dispute; but if it is found that the boundaries and corners alleged to have been recognized and acquiesced in for twenty years have been so recognized and acquiesced in, such recognized boundaries and corners shall be permanently established. The court order or decree shall be recorded in the grantor-grantee index of the real property records of the county or counties in which the land lies.

Source: L. 07: p. 288, § 9. Code 08: § 305. Code 21: § 306. Code 35: § 306. CRS 53: § 118-11-9. C.R.S. 1963: § 118-11-9. L. 2010: Entire section amended, (HB 10-1085), ch. 95, p. 326, § 8, effective August 11.

ANNOTATION

Boundary established by court becomes true boundary. The boundary established by the court in these proceedings becomes the true boundary line of the property. Smith v. Dorsey, 29 Colo. App. 369, 483 P.2d 1359 (1971).

To establish a boundary by acquiescence, the claimant must demonstrate by a preponderance of the evidence that (1) the adjacent owners mutually acquiesced that the physical barrier is the boundary between the two properties (2) for twenty years or more. Cronk v. Bowers, 2023 COA 68M, 537 P.3d 401.

Mutual acquiescence is a question of fact. Cronk v. Bowers, 2023 COA 68M, 537 P.3d 401.

Statute only contemplates actual possession. Exclusive actual possession is not required. Cronk v. Bowers, 2023 COA 68M, 537 P.3d 401.

Common ownership of two tracts of land extinguishes any acquiescence in boundary lines attributable to the prior landowners of the tracts unless the deed adopts the boundary lines as previously acquiesced upon. Salazar v. Terry, 911 P.2d 1086 (Colo. 1996).

Applied in Forristall v. Ansley, 170 Colo. 391, 462 P.2d 116 (1969).