Bittle v. CAM-Colorado, LLC, 2012COA93 (June 7, 2012)

Aaa, adverse possession: open, notorious, hostile, exclusive, and continuous. Almost describes politics. But in this case, a coal company sought access to its own land, blocked by land adversely possessed, and claimed an implied easement of necessity, or alternatively, access over a road that was once public. The court of appeals held that a parcel of land for which there was a claim of adverse possession could be bounded by a natural feature and not just a fence. And, because the company’s need for access was in the future, and it could just build itself a bridge, it did not have an easement. Also, the failure to join the county as an indispensable party to decide if the road was abandoned or public was fatal to that claim. Last, the court held that a post-trial amendment of the pleadings should have been allowed because an excluded claim was actually tried.


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