Matoush v. Lovingood, 177 P.3d 1262 (Colo. Sup. Ct. 2008)

(easement case; when easement expressly created, but never used, use of easement area not adverse and did not trigger statutorily-mandated period of time for adverse possession until easement holder need to use the easement, demanded to use it, and was denied the right to use it; result was that burdened property owners had not terminated the easement holder’s right to use the easement as a surface right-of-way). 

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