Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-41-101 Limitation of eighteen years
6.7K chars
(1) No person shall commence or maintain an action for the recovery of the title or possession or to enforce or establish any right or interest of or to real property or make an entry thereon unless commenced within eighteen years after the right to bring such action or make such…
Colo. Rev. Stat. § 38-41-102 How computed
0.3K chars
If such right or title first accrued to an ancestor, predecessor, or grantor of the person who brings the action or to any person from, by, or under whom he claims, the eighteen years shall be computed from the time when the right or title so accrued. Source: L. 27: p. 599, � 31.…
Colo. Rev. Stat. § 38-41-103 Evidence of adverse possession
0.7K chars
If the records in the office of the county clerk and recorder of the county wherein the real property is situate show by conveyance or other instrument that the party in possession or his predecessors or grantors, through descent, conveyance, or otherwise, have asserted a continu…
Colo. Rev. Stat. § 38-41-104 Time to make an entry or bring an action to recover land
1.8K chars
(1) The right to make an entry or bring an action to recover land shall be deemed to have first accrued at the following times: (a) When any person is disseised, his right of entry or of action shall be deemed to have accrued at the time of disseisin. (b) When he claims as heir o…
Colo. Rev. Stat. § 38-41-105 Abstract of title prima facie evidence
1.8K chars
An abstract of title certified by any reputable Colorado abstractor or abstract company incorporated under the laws of the state of Colorado may be used to establish prima facie evidence that the chain of title is as shown by the abstract, except as to any of the instruments of c…
Colo. Rev. Stat. § 38-41-107 Rights of heirs
1.2K chars
The heirs, devisees, and assigns of the person having such title and possession shall have the same benefit of sections 38-41-101 to 38-41-106 as the person from whom the possession is derived. Source: L. 27: p. 601, � 36. CSA: C. 40, � 142. CRS 53: � 118-7-7. C.R.S. 1963: � 118-…
Colo. Rev. Stat. § 38-41-109 When in possession under color of title - unoccupied lands
3.0K chars
Whenever a person having color of title, made in good faith, to vacant and unoccupied land pays all taxes legally assessed thereon for seven successive years, he shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to t…
Colo. Rev. Stat. § 38-41-111 When action will not lie against person in possession
2.2K chars
(1) No action shall be commenced or maintained against a person in possession of real property to question or attack the validity of or to set aside, upon any ground or for any reason whatsoever any final decree or final order of any court of record in this state or any instrumen…
Colo. Rev. Stat. § 38-41-112 Legal disability - extension of two years
0.6K chars
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 mainta…
Colo. Rev. Stat. § 38-41-113 Limitations may be asserted affirmatively or by way of defense
0.4K chars
The limitations provided for in this part 1 may be asserted either affirmatively or by way of defense and may be used in any action as a source of or as a means to establish title or the right of possession or as an aid or explanation of title. Actions may be maintained affirmati…
Colo. Rev. Stat. § 38-41-114 When limitations apply
0.4K chars
The limitations established in this part 1 shall apply to causes of action that have accrued prior to March 28, 1927, as well as to all causes of action accruing thereafter. This part 1 shall not be construed as reviving any action barred by any former or other statute. Source: L…
Colo. Rev. Stat. § 38-41-115 Setting aside judgments against unknown parties
0.5K chars
No action shall be brought after the expiration of one year from March 14, 1923, to set aside any decree or judgment entered in any action brought against unknown parties where there has been a substantial compliance with the requirements of the Colorado rules of civil procedure …
Colo. Rev. Stat. § 38-41-116 Actions to enforce contracts of sale
1.0K chars
No action or proceeding whatsoever shall be brought or maintained by any person to enforce or procure any right or title accorded to the purchaser under any contract for the purchase and sale of real property if such person is not in possession of the real property described in a…
Colo. Rev. Stat. § 38-41-117 Actions to enforce bonds for deeds
0.8K chars
No action or proceeding whatsoever shall be brought or maintained by any person who is or may become entitled to have conveyed to him any real property under the terms of any bond for a deed to real property or under the terms of any agreement in the nature of a bond for a deed t…
Colo. Rev. Stat. § 38-41-118 Construction of sections
0.4K chars
(1) Sections 38-41-116 to 38-41-118 shall not be construed to alter, modify, amend, or repeal any of the terms and provisions of section 38-35-111. (2) The limitations imposed by sections 38-41-116 to 38-41-118 shall not apply to any action or proceeding that has been commenced p…
Colo. Rev. Stat. § 38-41-119 One-year limitation
0.5K chars
No action shall be commenced or maintained to enforce the terms of any building restriction concerning real property or to compel the removal of any building or improvement on land because of the violation of any terms of any building restriction unless said action is commenced w…
Colo. Rev. Stat. § 38-41-201 Homestead exemption - definitions
5.3K chars
(1) Every homestead in the state is exempt from execution and attachment arising from any debt, contract, or civil obligation not exceeding in actual cash value in excess of any liens or encumbrances on the homesteaded property in existence at the time of any levy of execution th…
Colo. Rev. Stat. § 38-41-201.7 Definition of dwelling - personal property included
3.5K chars
(1) As used in this part 2, unless the context otherwise requires, dwelling means conventional housing and personal property that is actually used as a residence, including: (a) A vehicle, as defined in section 42-1-102 (112), including any trailer, as defined in section 42-1-102…
Colo. Rev. Stat. § 38-41-203 Exemption only while occupied
0.3K chars
Said property, when so homesteaded, shall only be exempt as provided in this part 2 while occupied as a home by the owner thereof or his family. Source: R.S. p. 385, � 59. G.L. � 1345. G.S. � 1633. R.S. 08: � 2952. C.L. � 5926. CSA: C. 93, � 25. L. 53: p. 411, � 2. CRS 53: � 77-3…
Colo. Rev. Stat. § 38-41-204 Surviving spouse and minor children entitled
0.5K chars
When any person dies seized of a homestead leaving a surviving spouse or minor children, such surviving spouse or minor children are entitled to the homestead exemption. In cases where there is neither surviving spouse nor minor children, the homestead shall be liable for the deb…
Colo. Rev. Stat. § 38-41-205 Of what homestead may consist
0.7K chars
(1) The homestead mentioned in this part 2 may consist of: (a) A dwelling, as defined in section 38-41-201.7; (b) A house and lot or lots, including manufactured homes, mobile homes, trailers, and trailer coaches, as set forth in section 38-41-201.6; or (c) A farm consisting of a…
Colo. Rev. Stat. § 38-41-206 Levy on homestead - excess - costs
2.8K chars
(1) Before any creditor of the owner of the homesteaded property may proceed against said property, such creditor shall file with the county clerk and recorder of the proper county and the sheriff or other proper officer authorized to levy on said property: (a) His affidavit show…
Colo. Rev. Stat. § 38-41-207 Proceeds exempt - bona fide purchaser
1.7K chars
(1) The following proceeds are exempt from execution or attachment for a period of three years after receipt if the person entitled to the exemption keeps the exempted proceeds separate and apart from other money so that the proceeds may be always identified: (a) The proceeds fro…
Colo. Rev. Stat. § 38-41-208 Survival of exemption
1.1K chars
(1) If the property qualifies as a homestead for a joint tenant who is the husband or wife of the other joint tenant or one of the other joint tenants, then, upon the death of either spouse, the homestead shall continue in effect on the interest in such property of the surviving …
Colo. Rev. Stat. § 38-41-209 Insurance proceeds
0.4K chars
Whenever the improvements on property which has been homesteaded are insured in favor of a person entitled to the exemption and a loss is incurred entitling such person to the insurance or a part thereof, such insurance proceeds to the amount of the exemption shall be exempt in t…
Colo. Rev. Stat. § 38-41-210 Definitions - vendor's rights
0.4K chars
The terms owner of the property and householder mean a person holding any equity under a contract of sale or other agreement whereby such person is holding possession of the property, but the rights of the vendor or seller in such contract or other agreement shall always be super…
Colo. Rev. Stat. § 38-41-211 Exemption in addition to allowances
0.4K chars
The homestead exemption granted under this part 2 shall be in addition to and not in lieu of the exempt property and family allowances to a surviving spouse and minor and dependent children of a decedent and the preferences granted to dependents of protected persons under article…
Colo. Rev. Stat. § 38-41-212 Waiver
1.1K chars
(1) Any purchase by an encumbrancer, lienholder, or any other person or any redemption by a junior lienholder pursuant to a foreclosure sale conducted by any court, sheriff, public trustee, or other public official pursuant to a mortgage, deed of trust, or other lien which contai…