2021 Colorado Code
Title 38 - Property - Real and Personal
Article 35 - Conveyancing and Recording
Part 1 - General Provisions
§ 38-35-108. Reference to Some Other Instrument Affects Only the Parties Thereto
When a deed or any other instrument in writing affecting title to real property has been recorded and such deed or other instrument contains a recitation of or reference to some other instrument purporting to affect title to said real property, such recitation or reference shall bind only the parties to the instrument and shall not be notice to any other person whatsoever unless the instrument mentioned or referred to in the recital is of record in the county where the real property is situated. Unless the same is so recorded, no person other than the parties to the instrument shall be required to make any inquiry or investigation concerning such recitation or reference. All such recitations or references contained in deeds and instruments recorded prior to March 28, 1927, shall, after the expiration of one year from March 28, 1927, cease to be notice unless the instrument referred to in said reservation, exception, or reference is actually recorded within said one-year period.
History. Source: L. 27: P. 589, § 7. CSA: C. 40, § 113. CRS 53: § 118-6-8. C.R.S. 1963: § 118-6-8. History. Source: L. 27: P. 589, § 7. CSA: C. 40, § 113. CRS 53: § 118-6-8. C.R.S. 1963: § 118-6-8.
ANNOTATION
Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Converting a Duplex: Party Wall Declaration and Other Considerations”, see 11 Colo. Law. 1201 (1982). For article, “Limitation of Bank's Liabilities in Letters of Credit Agreements”, see 15 Colo. Law. 1019 (1986). For article, “Buyers and Brokers Beware: The Contract-Deeding Trap for the Unwary”, see 45 Colo. Law. 49 (March 2016).
Section limits general rule. The general rule that recitals in conveyances in the purchaser's chain of title are binding on him has been narrowed in Colorado by this section. Page v. Fees-Krey, Inc., 617 P.2d 1188 (Colo. 1980).
The general rule that a purchaser is bound by recitals in conveyances or other instruments of transfer in the chain of title is narrowed by this section. Gilpin Inv. Co. v. Blake, 712 P.2d 1051 (Colo. App. 1985).
Description by reference to a prior deed recorded in the same county is sanctioned by this section. Linville v. Russell, 168 Colo. 459 , 452 P.2d 18 (1969).
Applied in Rocky Mt. Fuel Co. v. Clayton Coal Co., 110 Colo. 334 , 134 P.2d 1062 (1943); Swofford v. Colo. Nat'l Bank, 628 P.2d 184 (Colo. App. 1981).
