[colorado tanker]

Actually, this case shows why adverse possession is a good law, if properly applied. If neighbors have acknowledged a stone fence as their boundary for 50+ years, then the law should recognized that boundary. Think how you would feel if you bought that house assuming the fence to be the boundary, only to have a nasty neighbor have a survey done, tear down your fence, and then sue you for you to pay for the "trespass" cost of tearing it down.

The problem with the other case, from what I can tell, is that adverse possession should never have been found in the first place.

[Sue Bob]

I found an article earlier today about the stone fence. According to the property owner, the judge had erected a steel fence between her property and the wall prior to bringing the action, so I don’t think that it was a good application of the law, assuming that happened. That would be an admission that the judge knew that the stone wall was not hers.

http://www.denverpost.com/keefe/ci_7557747