Another Boulder adverse possession…

What is it with Boulder and adverse possession?

The problem started when new owners took down the privacy fence to enjoy the creek…

It’s a view worth seeing, Marshall said, which is why she decided to remove a 6-foot privacy fence from her backyard shortly after purchasing the home in 2006.

“I thought I’d rather look at the creek,” Marshall said. “I had no idea when I took the fence down that anybody would try to take (the property).”

But Mohammad Salim, who apparently has more money than common sense doesn’t like it that suddenly his yard is visible from his neighbors house. He also apparently found a judge/jury he shares his lack of common sense.

“Those guys want to see our backyard because it’s pretty; and they’re right, it is,” Mohammad Salim said Tuesday as he sat on his quiet back porch overlooking the rushing creek. “The privacy is what we want.”
Salim said he isn’t really interested in his neighbor’s land, just in maintaining the sanctuary his family has enjoyed for at least 26 years.

“We felt violated,” he said. “The issue is if you go into someplace and take away their privacy, how is that any different than taking away someone’s car?”

Salim said his yard, landscaped only by the natural, lush vegetation surrounding the creek environment, is now broken up by Marshall’s “manicured lawn.”

“It makes sense that the land stay in harmony,” Salim said. “We see ourselves as the stewards of the land.”

The last sentence explains it all.

As one of the commenter’s asked, was it a judge or jury trial? There’s no way I’d go to trial in an adverse possession case with a judge in Boulder County. My property is bordered by 6 other properties. If the new adverse possession laws hadn’t come into place I’d be talking with my neighbors to determine if they had any thoughts about my land.

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