C.R.S. Section 38-30-158
Record notice required for same use prohibition or restriction repeated in subsequent instruments taking effect prior to January 1, 1966

  • exception
  • affidavit as to ownership and possession

(1)

If any inter vivos instrument taking effect prior to January 1, 1966, or if the will of any testator dying prior to such date, or if any appointment made prior to such date, including an appointment by inter vivos instrument or will, purports to convey or devise any interest in real property on a special limitation or subject to a condition subsequent which prohibits or restricts a use of such interest in real property which has been purportedly or in fact previously prohibited or restricted by an earlier conveyance or devise or appointment on a special limitation or subject to a condition subsequent, it shall be conclusively deemed and held that no new special limitation or possibility of reverter or condition subsequent or right of entry was thereby created with respect to such use, unless a notice of claim to the contrary is filed for record within one year after January 1, 1966, in the manner provided by sections 38-30-159 and 38-30-160; except that if on January 1, 1966, any person is the owner of and in possession of any such interest in real property by reason of the occurrence prior to said date of the use prohibited or restricted by a special limitation or condition subsequent, such person shall not be required to file any notice in order to preserve the validity at the time of such occurrence of the special limitation and possibility of reverter or of the condition subsequent and right of entry upon which his ownership and possession are dependent.

(2)

If such notice of claim to the contrary is not filed for record, except when not required as provided in subsection (1) of this section, such language of special limitation and possibility of reverter or of condition subsequent and right of entry shall be conclusively deemed and held to have been only a recognition of any prior special limitation and possibility of reverter and condition subsequent and right of entry which may have been then in existence. An affidavit may be made and filed for record in the county in which such interest in real property is located at any time on or after January 1, 1966, stating either that by January 1, 1966, no person was the owner of and in possession of such interest in real property by reason of such occurrence prior to said date of the use prohibited or restricted by a special limitation or condition subsequent, or the name of such person who was such owner in possession. Such affidavit shall further state that the affiant is of legal age and has personal knowledge of the ownership and possession of said interest in real property on January 1, 1966. Such affidavit shall not be made by anyone who then has a record interest in the real property described therein. Such recorded affidavit shall be deemed and held to be prima facie proof of the foregoing matters therein stated, and such recorded affidavit, and a copy of such record certified to be a true copy by the county clerk and recorder of the county wherein such affidavit is recorded shall be accepted in all courts of the state of Colorado as prima facie proof of the foregoing matters therein stated.

Source: Section 38-30-158 — Record notice required for same use prohibition or restriction repeated in subsequent instruments taking effect prior to January 1, 1966 - exception - affidavit as to ownership and possession, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑30‑101
Parties entitled to hold lands may convey 38‑30‑102
Water rights conveyed as real estate - well permit transfers - legislative declaration - definitions 38‑30‑103
Livery of seisin, not necessary 38‑30‑104
Vendor’s after-acquired title deemed in trust for vendee 38‑30‑104.5
Grantor’s interest in vacated right-of-way deemed included 38‑30‑105
Lands not in possession may be conveyed 38‑30‑106
Tenant in fee tail takes in fee simple 38‑30‑107
Estate granted deemed fee simple unless limited 38‑30‑107.5
Royalty interests - minerals or geothermal resources 38‑30‑108
Conveyances to grantee in a representative capacity 38‑30‑108.5
Conveyances to trusts - ownership and transfer of property 38‑30‑110
Rule against perpetuities inapplicable to cemetery trusts 38‑30‑111
Rule against perpetuities inapplicable to employees’ pension trusts 38‑30‑112
Rule against perpetuities inapplicable to existing trusts 38‑30‑113
Deeds - short form - acknowledgment - effect 38‑30‑113.5
Beneficiary deeds 38‑30‑114
Validation of acknowledgments 38‑30‑116.5
Preparation of deeds - definition 38‑30‑117
Mortgages - short form - acknowledgment - effect 38‑30‑118
Seal not necessary 38‑30‑119
Posthumous children take as others 38‑30‑120
Conveyance carries right of possession 38‑30‑121
What covenants run with the land 38‑30‑122
No action against warrantor without notice and refusal to defend 38‑30‑123
Powers of attorney must be recorded 38‑30‑124
Powers of attorney, how acknowledged and proved 38‑30‑125
Scroll sufficient 38‑30‑126
Acknowledgments, before whom taken 38‑30‑127
Acknowledgments taken pursuant to other laws 38‑30‑128
Prima facie validity of prior foreign acknowledgments 38‑30‑129
courts may take acknowledgments 38‑30‑130
Governor may appoint commissioners of deeds 38‑30‑131
Oath of commissioner of deeds 38‑30‑132
Effect of commissioner’s acknowledgment 38‑30‑133
Commissioner has power to administer oath 38‑30‑134
Fees of commissioners 38‑30‑135
Officer shall subscribe certificate 38‑30‑136
Subsequent proof of execution - proof or acknowledgment of copy 38‑30‑137
Recording of leases based on crop rentals 38‑30‑138
Filing and recording fee 38‑30‑140
Foreign deeds - translation - proof - not recorded without 38‑30‑141
Conveyance by county or municipality 38‑30‑142
Prior deeds and conveyances by commissioners validated 38‑30‑143
Prior deeds and conveyances by council validated 38‑30‑144
Conveyance by corporation 38‑30‑145
Conveyance by sheriff 38‑30‑146
Fraternal society may hold and convey real estate 38‑30‑147
Presiding officer may bring suit to protect property 38‑30‑148
Joint property of fraternal society 38‑30‑149
Change of presiding officer not to affect suit 38‑30‑150
Definitions 38‑30‑151
Division of county - transcript of records - certificate 38‑30‑152
Not applicable to wills 38‑30‑153
Recording wills and decrees affecting lands - descents 38‑30‑154
Clerk shall furnish certified copies 38‑30‑155
Certified copy of record shall be evidence of title 38‑30‑156
Fees for county clerk and recorder 38‑30‑157
Same use prohibition or restriction repeated in subsequent instruments taking effect on or after January 1, 1966 - exception 38‑30‑158
Record notice required for same use prohibition or restriction repeated in subsequent instruments taking effect prior to January 1, 1966 - exception - affidavit as to ownership and possession 38‑30‑159
Who may record notice of intention to claim possibility of reverter or right of entry 38‑30‑160
Contents of notice - recording, indexing - effect 38‑30‑161
Use prohibition or restriction affecting less or more real property - more or fewer use prohibitions or restrictions 38‑30‑162
Interests and instruments to which sections 38-30-157 to 38-30-164 do not apply 38‑30‑163
Other statutes and laws remain applicable 38‑30‑164
Sections to be liberally construed 38‑30‑165
Unreasonable restraints on the alienation of property - prohibited practices 38‑30‑166
Joint ventures - ownership and transfer of property 38‑30‑167
Right of purchaser to obtain partial specific performance 38‑30‑168
Unreasonable restrictions on renewable energy generation devices - definitions 38‑30‑169
Instruments of conveyance - removal of void and unenforceable restrictive covenants which are based upon race or religion 38‑30‑170
Private restrictive covenants - modification - exception - procedures 38‑30‑171
Survival of remedies and title to corporate property after dissolution 38‑30‑172
Evidence of existence and authority - definitions 38‑30‑173
Survival of remedies and title to corporate property after dissolution - nonprofit corporations
Green check means up to date. Up to date

Current through Fall 2024

§ 38-30-158’s source at colorado​.gov