Adverse Possession Under The …

Under the second prong of the test, for use to be “hostile,” the adverse possessor must demonstrate an intention to claim exclusive ownership of the property. Anderson, supra . The hostility element has nothing to do with violence, but rather, the possession must be without the permission of the title owner. Id. The third prong of the test, being “adverse,” simply means that the possession by the adverse possessor is contrary or against the interests of the true owner. Id . For both the hostility and adversity elements, if the use of the land is with the permission of the owner then such use can never ripen into title by Adverse Possession Assistance regardless how long it continues. Segelke v. Atkins , 357 P.2d 636, 638 (Colo. 1960). Further, until some notification is given to the land owner that the possessor is now occupying the land adversely, that possession cannot be adverse. Miller v. Bell , 764 P.2d 389 (Colo. App. 1988). Whether possession is actual, hostile, or adverse is ordinarily a question of fact. Bd. of County Comm’rs v. Ritchey , 888 P.2d 298 (Colo. App. 1994).