Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-35-107 (2024)

Recitals in deeds prima facie evidence - when

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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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).

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.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1985–2025 · leading case: Gilpin Inv. Co. v. Blake, 712 P.2d 1051 (Colo. Ct. App. 1985).
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Gilpin Inv. Co. v. Blake, 712 P.2d 1051 (Colo. Ct. App. 1985). · cites it 3× “Section 38-35-107, C.R.S. (1982 Repl.Vol.”
West v. Evergreen Highlands Ass'n, 55 P.3d 151 (Colo. Ct. App. 2001). · cites it 2× “See § 38-35-107, C.R.S8.2001. Additionally, we note that the 1982 amendment does not provide for membership in the association, the setting of dues, or liens for nonpayment.”
Near v. Calkins, 946 P.2d 537 (Colo. Ct. App. 1997). · cites it 2× “But see § 38-35-107 C.R.S. (1982 Repl.Vol. 16A) (recitals in an instrument are prima facie evidence of the facts recited after the instrument is of record twenty years).”
Lyon v. Jones, No. 23CA2059 (Colo. Ct. App. Nov. 20, 2025). · cites it 5× “The district court accepted these affidavits of continual use as true, citing section 38-35-107, C.R.S. 2025, which states that [a]ll recitals contained in deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real…”
Grayden v. Spring Creek Energy Partners, LLC, No. 1:21-cv-00106 (D. Colo. Mar. 31, 2022). · cites it 2× “See Colo. Rev. Stat. §§ 38-35-107 , -108, -109.”
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