Adverse Possession, Case Brief: Salazar V. Terry

Adverse Possession, Case Brief: Salazar v. Terry

Unit 1

January 9, 2012

PS300-01-09-AS Real Estate Law

C.R.S. §38-41-101 "No person shall commence or maintain an action for the recovery of the title or possession or to enforce or establish any right or interest of or to real property or make an entry thereon unless commenced within eighteen years after the right to bring such action or make such entry has first accrued or within eighteen years after he or those from, by, or under whom he claims have been seized or possessed of the premises. Eighteen years' adverse possession of any land shall be conclusive evidence of absolute ownership.”

Salazar v. Terry, 911 P.2d 1086 (1996).

FACTS: In 1991 Gail Terry, the representative for the Estate of Bill Powers, Jr., (“Terry”) brought a quiet title action against the adjacent land owner, Fernando Salazar and Richard Pretto (“Salazar”) in the district court of Huerfano County, Colorado, due to the fact that Terry believed, after having an independent survey completed, that the fence line was not the true boundary of the property line and that the fence should have been another 100-160 feet west of where it was now, and that a government subdivision line is the true boundary for the two tracts of land. Salazar counter sued Terry for trespassing and citing adverse possession, due to the fact that he believe he fulfilled the requirements for adverse possession and the fence line was acquiesced in and recognized by the parties for twenty two years under the terms of §38-41-10 and §38-44-10. | |

Procedural History: |

The district court ruled that the fence was the legal boundary separating the two tracts of land. The quiet title action was dismissed, as were the counter claims for trespass, as it was barred by the statute of limitations, but granted a $1.00 for damages for the time that the trespass did occur within the statue of limitations. The Court of Appeals reversed the decision; however, a certiorari...