2021 Colorado Code
Title 38 - Property - Real and Personal
Article 41 - Limitations- Homestead Exemptions
Part 1 - Limitation of Actions Affecting Realproperty
§ 38-41-112. Legal Disability - Extension of Two Years
Persons under legal disability at the time the right of action first accrued who, at the time of the expiration of the limitation applicable, are still under such disability shall have two years from the expiration of a limitation to commence action, and no action shall be maintained by such persons thereafter.
History. Source: L. 27: P. 604, § 40. CSA: C. 40, § 147. CRS 53: § 118-7-12. C.R.S. 1963: § 118-7-12. History. Source: L. 27: P. 604, § 40. CSA: C. 40, § 147. CRS 53: § 118-7-12. C.R.S. 1963: § 118-7-12.
Cross references:
For extension of limitation period for persons under disability in personal actions, see § 13-81-103 ; for extension of redemption time for tax deeds for those under disability, see § 39-12-104 .
ANNOTATIONLaw reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 35 (1939). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 281 (1949). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For note, “‘Color of Title ' in the Colorado Short Statutes of Limitation”, see 21 Rocky Mt. L. Rev. 226 (1949). For article, “Check Lists for Court Proceedings in Which Titles To Real Estate Are Involved”, see 23 Rocky Mt. L. Rev. 371 (1951). For article, “Marketable Title: What Certifiable Copies of Court Papers Should Appear of Record?”, see 34 Dicta 7 (1957). For article, “Due Process in Involuntary Civil Commitment and Incompetency Adjudication Proceedings: Where Does Colorado Stand?”, see 46 Den. L.J. 516 (1969).
Effect of section where owner under disability until death. The fact that an owner is under disability until her death does not prevent the running of the statute. This section and § 38-41-101 merely add two years to the period of limitations, it does not suspend the running of the statute. Nesbitt v. Jones, 140 Colo. 412 , 344 P.2d 949 (1959).
