Matoush v. Lovingood

I. Introduction

In this adverse possession case, we review the court of appeals’ opinion in Matoush v. Lovingood, 159 P.3d 741 (Colo.App.2006).1 There, the court of appeals concluded that the trial court applied the wrong legal standard to a claim to terminate an easement by adverse possession.2 The easement at issue here creates a right-of-way across Respondents David and Debra Lovin-good’s property for access between Petitioner Carol Matoush’s property and an alley adjacent to Lovingoods’ property. The Lovingoods allege that they have adversely possessed Matoush’s right to use the easement…