Lo Viento Blanco, LLC v. Woodbridge Condominium Ass’n, Inc.
2021 CO 56. No. 20SC292. Property—Adverse Possession—Prescriptive Easement.
June 21, 2021
In this dispute over an alleged prescriptive easement, the Supreme Court granted certiorari to decide whether, under Colorado law, a prescriptive easement claimant’s acknowledgment of the landowner’s title during the asserted prescriptive period interrupts the prescriptive use, thereby defeating the presumption that any use was adverse and, in turn, the claimed easement.
The Court concluded that under Colorado law, a claimant’s acknowledgment or recognition of the owner’s title during the claimant’s asserted prescriptive easement period does not interrupt the prescriptive use or undermine the claimant’s adverse use for purposes of a prescriptive easement.
Accordingly, the Court affirmed the judgment of the division below.