Supreme Court of Colorado
Keith Love and Shannon Love, Petitioners v. Mark Klosky and Carole Bishop, Respondents.
March 19, 2018413 P.3d 1267
Summary
The court held that the governing precedent applies to encroachment trees—trees that began growing on one owner's property and later extended onto a neighbor's property—and does not automatically make such trees jointly owned. It declined to overrule that precedent because the rule remained sound and abandoning it would create unwanted transfers of property interests and related ownership burdens. Applying the rule, the court concluded that the Loves had not shown joint planting, care, or treatment of the tree as a boundary, so Klosky could remove it. No separate opinions were filed.