2021 Colorado Code
Title 38 - Property - Real and Personal
Article 35 - Conveyancing and Recording
Part 1 - General Provisions
§ 38-35-107. Recitals in Deeds Prima Facie Evidence - When
All recitals contained in deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property that have remained of record in the office of the county clerk and recorder of the county where the real property affected is situated for a period of twenty years shall be accepted and received as prima facie evidence of the facts recited therein. This section shall not apply to the recitals, exceptions, and reservations described in section 38-35-108 and affidavits described in section 38-35-109 (5) .
History. Source: L. 27: P. 589, § 6. CSA: C. 40, § 112. CRS 53: § 118-6-7. C.R.S. 1963: § 118-6-7. L. 2003: Entire section amended, p. 834, § 2, effective August 6. History. Source: L. 27: P. 589, § 6. CSA: C. 40, § 112. CRS 53: § 118-6-7. C.R.S. 1963: § 118-6-7. L. 2003: Entire section amended, p. 834, § 2, effective August 6.
ANNOTATION
Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Marketable Title: What Certifiable Copies of Court Papers Should Appear of Record?”, see 34 Dicta 7 (1957).
Recital in 1982 amendment to protective covenants cannot, in and of itself, expand or change restrictions on ability to modify contained in 1972 protective covenants. West v. Evergreen Highlands Ass'n, 55 P.3d 151 (Colo. App. 2001).
