Colo.App.,2010.
Hunter v. Mansell
20I(E) Duration and Continuity of Possession
20k50 k. Recognition of title of former owner. Most Cited Cases
Upon expiration of the statutory period, ownership vests in the person adversely possessing and it can be transferred
only by deed, not by a disclaimer. West’s C.R.S.A. § 38-41–101.
20k59 Possession Consistent with That of Another, and Possession Becoming Adverse After Amicable
Entry
20k60 In General
20k60(2) k. Permissive entry and occupation, and license. Most Cited Cases
Contents of summary judgment affidavit by neighbor’s predecessor did not contradict the content of disclosure doc-
[6] Adverse Possession 20 36
20 Adverse Possession
20I Nature and Requisites
20I(D) Distinct and Exclusive Possession
20I(F) Hostile Character of Possession
20k59 Possession Consistent with That of Another, and Possession Becoming Adverse After Amicable
Entry
20k60 In General
20k60(2) k. Permissive entry and occupation, and license. Most Cited Cases
20 Adverse Possession
20I Nature and Requisites
20I(F) Hostile Character of Possession
20k59 Possession Consistent with That of Another, and Possession Becoming Adverse After Amicable
Entry
386II(A) Right of Action and Defenses
212 Injunction
212II Subjects of Protection and Relief
212II(B) Matters Relating to Property
212k45 Trespass or Other Injury to Real Property
Opinion by Judge ROY.
Betty S. Hunter (the owner) appeals the trial court‘s judgment denying mandatory injunctive relief requiring the re–
moval of encroachments. Alana C. Mansell (the possessor) cross-appeals the trial court‘s conclusion that she is not
1974, the seller’s husband constructed a metal shed that partially encroached onto the owner’s property. At the time
of her purchase, the possessor was informed of the encroachment. More specifically, the “Seller’s Property Disclo–
sure” form stated that a “small garage at [the] rear of [the] property encroaches over [the] property line.” The pos-
sessor was also provided a boundary survey plat (Plat) dated September 16, 2001, which defined the boundaries of
the seller’s property, gave the approximate size and location of the encroachment by the metal shed, and indicated a
doors for the center stall and overhead doors for the two side stalls. The shed encroaches about 14 feet onto the
owner’s property and the extent of the encroachment is about 190 square feet. The property line traverses the metal
shed beginning at or near the right front corner, as the observer faces the front of the shed, ending about two-thirds
the way down the back wall. Approximately two-thirds of the right stall and one-third of the center stall encroach.
The metal shed is described on the plat as a “corrugated metal shed (no foundation).” At the time the possessor pur-
Upon expiration of the statutory period, ownership vests in the person adversely possessing and it can be transferred
only by deed, not by a disclaimer. West’s C.R.S.A. § 38-41–101.
20k59 Possession Consistent with That of Another, and Possession Becoming Adverse After Amicable
Entry
20k60 In General
20k60(2) k. Permissive entry and occupation, and license. Most Cited Cases
Contents of summary judgment affidavit by neighbor’s predecessor did not contradict the content of disclosure doc-
[6] Adverse Possession 20 36
20 Adverse Possession
20I Nature and Requisites
20I(D) Distinct and Exclusive Possession
20I(F) Hostile Character of Possession
20k59 Possession Consistent with That of Another, and Possession Becoming Adverse After Amicable
Entry
20k60 In General
20k60(2) k. Permissive entry and occupation, and license. Most Cited Cases
20 Adverse Possession
20I Nature and Requisites
20I(F) Hostile Character of Possession
20k59 Possession Consistent with That of Another, and Possession Becoming Adverse After Amicable
Entry
386II(A) Right of Action and Defenses
212 Injunction
212II Subjects of Protection and Relief
212II(B) Matters Relating to Property
212k45 Trespass or Other Injury to Real Property
Opinion by Judge ROY.
Betty S. Hunter (the owner) appeals the trial court‘s judgment denying mandatory injunctive relief requiring the re–
moval of encroachments. Alana C. Mansell (the possessor) cross-appeals the trial court‘s conclusion that she is not
1974, the seller’s husband constructed a metal shed that partially encroached onto the owner’s property. At the time
of her purchase, the possessor was informed of the encroachment. More specifically, the “Seller’s Property Disclo–
sure” form stated that a “small garage at [the] rear of [the] property encroaches over [the] property line.” The pos-
sessor was also provided a boundary survey plat (Plat) dated September 16, 2001, which defined the boundaries of
the seller’s property, gave the approximate size and location of the encroachment by the metal shed, and indicated a
doors for the center stall and overhead doors for the two side stalls. The shed encroaches about 14 feet onto the
owner’s property and the extent of the encroachment is about 190 square feet. The property line traverses the metal
shed beginning at or near the right front corner, as the observer faces the front of the shed, ending about two-thirds
the way down the back wall. Approximately two-thirds of the right stall and one-third of the center stall encroach.
The metal shed is described on the plat as a “corrugated metal shed (no foundation).” At the time the possessor pur-