Apology if this has already been discussed, a search turned up nothing, but it is a year in the making.
An interesting property dispute between a land owner and the public in the small town of Kittredge, Colorado.
Here's a link to the story, watching the video will show some of the surveys in question, around the 1minute mark shows the best map.
It's an interesting issue, and one that evidently has been made relatively high profile through ample use of social media on both sides. Lots of armchair surveyors and lawyers weighing in.
I believe the question over what the original descriptions are in relation to the creek, and, has the creek moved in that time, are a bit of a red herring and will prove to not be central to the eventual outcome. In my read, regardless of where the boundary lines are resolved to be, if in fact the previous owners had allowed usage by the public for more than 35 years.. its hard to imagine a more clear case of acquiescence that has ripened into some sort of unwritten right.
I believe that intent around the conveyance of the parcel in question would greatly impact the outcome. Was the previous owner aware the portion in question was part of their parcel? If so, should they have disclosed its usage by the public as part of their sale? Did the current owner believe this portion was part of her parcel when she purchased? Did she know it was in regular use by the public when she purchased?
Here's another, longer piece on the story.
A few things I wonder aloud:
It's not clear if the current owner had a survey at the time of purchase but if she had.. It's hard to imagine a surveyor not finding evidence and making note of this type of usage, but given that her purchase was in March, and the creek appears to be warm-weather destination, perhaps it could have been overlooked? A good example where hiring a local surveyor, deeply familiar with the community they survey, could prove to be vital.
If the 'encroaching' users had not been the public, but instead had been a single adjoining land owner whose family and friends regularly enjoyed the creek over that same 35 year span, would that change the outcome?
