(1) Any written instrument required or permitted to be acknowledged affecting title to real property, whether acknowledged, unacknowledged, or defectively acknowledged, after being recorded in the office of the county clerk and recorder of the county where the real property is situate, shall be notice to all persons or classes of persons claiming any interest in said property.
(2) Any unacknowledged or defectively acknowledged instrument which has remained of record for a period of ten years in such office shall be deemed to have been properly acknowledged. This section shall apply to all recorded instruments.
(3) A document required or permitted to be acknowledged affecting title to real property that is signed in a person's official capacity by a public trustee, county treasurer, county sheriff, or a deputy of such an official acting for that official that contains the seal of such an official shall be deemed to have been properly acknowledged.
Source: L. 27: p. 589, § 5. CSA: C. 40, § 111. L. 37: p. 481, § 3. CRS 53: § 118-6-6. L. 59: p. 641, § 1. C.R.S. 1963: § 118-6-6. L. 2004: (3) added, p. 1371, § 8, effective May 28.
ANNOTATION
Law reviews. For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 281 (1949). For article, "Evidence in the Proof of Real Estate Titles", see 24 Rocky Mt. L. Rev. 424 (1952). For article, "Title Fight Avoiding a Water Right Conveyancing TKO", see 44 Colo. Law. 41 (Mar. 2015).
Failure to search record destroys validity of lack of notice claim. The trial court erred in its conclusion that the wife did not need to search the record, because her failure to search the record destroys the validity of her claim that she had no notice or knowledge of the liens, and her failure to establish this constituent of fraud prevents recovery. Ingels v. Ingels, 29 Colo. App. 585, 487 P.2d 812 (1971).