Friendly neighbor, Or Silent Thief in Boulder?
June 13th, 2008 Categories: Colorado Round Up, Focus on Boulder, Real Estate Tales
Adverse Possession st
rikes again in Boulder, CO! On May 31, 2008 our amazing judge, (I will call her Judge Moron so I don’t get sued) once again has helped someone steal another person’s land. And it’s all over just a few inches of land. Adverse Possession is an old law in Colorado, which
will allow someone to take ownership of another persons land if they have been openly using the other persons land as their own for a period of 18 years. There are different variations of this law in every state, but out here in Boulder, CO (The Wild Wild West) you better do some research before buying your next home. Especially in an older community where your next potential neighbor may have been in the residence for more than 18 years. It seems the days of the friendly neighbor are long gone in Boulder. My parents live in the Chautauqua Heights neighborhood of West Boulder, CO and were just a few years from losing the south 18 inches of their land. Their lovely neighbor had stolen their land in 1994 while they were doing a remodel. He had a survey which said he owned 18 inches more of the land on the side of his house next to my parents. My parents’ survey said differently and they somehow lost and had to give up access to the side of their home. 13 years later, the neighbor, let’s call him Bob, decided to do an extensive remodel on his home. Another survey had to be done. Suddenly, the proper survey comes out showing that Bob did not in fact own the land that went up to my parents’ side wall. And oh wait, Bob drilled into the side of my parents’ home, so he could put up a gate. Bob almost owned the land all the way up to my parents’ south wall. And, with the gate he drilled into the side of their home, could he have owned the south wall of their home because he drilled into it like it was his own? Or worse, the entire house?
Beware of your neighbors, especially while the “honorable” Judge Moron is still banging on the gavel here in Boulder. This is the second big case of this type in Boulder in the past year. The other has gained national coverage, when a retired judge, most likely a longtime friend of Judge Moron, although I have not confirmed it, was able to steal 1/3rd of a neighbors land after he and his wife decided to make themselves a path from their home through their neighbor’s lot. They had used it continuously for over 18 years and were awarded ownership of 1/3 of these poor folks’ Million dollar lot. Just a daily walk in their neighbor’s lot was enough for them to take ownership of the land!
And now, with this new case, this lady wanted to take down her OWN FENCE so she could take advantage of some of the creek views in her backyard and the lovely neighbor next door sues her for several inches of her land. And WINS!!!! He says it’s not a matter of the land but of protecting his privacy. So, build a fence on your own darn lot. Don’t steal your neighbors land. There are now modifications being made to this rule to help try to protect people a bit, but still by no means are you safe from losing your land to whomever wants to take it.
Just know what you’re buying. Know your neighbors. Know how long your neighbors or potential neighbors have been in their properties. And, if they’ve been there for 18 years, get a survey done before buying. Protect yourself from this situation happening to you, because we all know nobody else will have your back. Do your research and save yourself a ton of money and heartache. Your land is your land and oh your land is my land too, cause I have been using it for 18 years and now I am going to take it from you. NO! Don’t let that happen to you.
Disclaimer! This blog is my personal opinion and does not represent the opinion of my company or broker.
Hello,
I really enjoyed your funny commentary on the ridiculous ruling these Boulder judges have recently made.
I am sitting here with Dana Marshall, the latest victim of a land grab and we thoroughly enjoyed your article.
We are organizing a group, tentatively named Boulder Property Rights Coalition and are having our first meeting to organize a protest of the high handed court decisions and the fact that the new law can still be abused. It will be at the Boulder Public Library Main branch, Boulder Creek Room on July2nd at 7-9pm. Any further questions…..call Dana at 303-444-3343. Please spread the word to anyone who cares about property rights.
I hope it is OK with you to post this on the website.
As an aquaintance of Mr. Salim, I find it interesting that none of the articles I have read about this issue point out that the beautiful creek and woods his neigbor wants to view happen to be in the middle of his back yard. From the media, you would get the impression that the creek is public property separating the two properties, when it actually flows well inside the Salims’ back yard. Also, everybody fails to mention that city regulations make it impossible for him to put up any type of fence anywhere in his yard between him and the neighbor. It is unfortunate, but this may have been his only recourse to protect his own property rights.
As a Boulder Native I am not surprised at the overwhelming GREED of some of the property owners in Boulder. It’s not so much about views or access but the fact that some people think they are better than others add to that a healthy dose of greed and selfishness and these land grabs are no big surprise! SHAME ON YOU PEOPLE!