C.R.S. Section 38-35-107
Recitals in deeds prima facie evidence

  • when

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: Section 38-35-107 — Recitals in deeds prima facie evidence - when, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑35‑101
Acknowledgments - form - prima facie evidence
38‑35‑102
When unacknowledged instruments prima facie evidence
38‑35‑103
Acknowledgment before notary
38‑35‑104
Acknowledged instruments as evidence
38‑35‑105
Foreign instruments, prima facie evidence
38‑35‑106
Deeds - acknowledgment, absent or defective - notice - deemed proper, when
38‑35‑106.5
Written instruments - information regarding property description
38‑35‑107
Recitals in deeds prima facie evidence - when
38‑35‑108
Reference to some other instrument affects only the parties thereto
38‑35‑109
Instrument may be recorded - validity of unrecorded instruments - liability for fraudulent documents
38‑35‑109.5
Recording of instruments conveying real property to public entities
38‑35‑110
Lis pendens as notice - issuance of certificate - expiration
38‑35‑111
Option to purchase - notice for one year only
38‑35‑112
Certificate of death when properly recorded may be admitted as evidence
38‑35‑113
Affidavits referring to death, intestacy, heirship, accepted as prima facie evidence
38‑35‑114
Actions - parties to be named
38‑35‑115
Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment
38‑35‑116
Variances in names in instruments affecting the title to real property
38‑35‑117
Mortgages, not a conveyance - lien theory
38‑35‑118
Homestead, how conveyed - claimant insane
38‑35‑119
Release not a conveyance
38‑35‑120
Record of first and last parcels includes intervening parcels
38‑35‑121
Conveyance or reservation of a mineral interest - geothermal resources
38‑35‑122
Inclusion of street address and assessor information with legal description - effect - validity of recording - interests in property - legislative declaration
38‑35‑123
Liens - notice - current address
38‑35‑124
Requirements upon satisfaction of indebtedness
38‑35‑124.5
Effect of written payoff statement
38‑35‑125
Closing and settlement services - disbursement of funds
38‑35‑126
Contract for deed - escrow of tax moneys - written notice
38‑35‑127
Unenforceability of prospective residential transfer fee covenants - notice requirements for existing residential transfer fee covenants - written statement of transfer fee payable - affidavit - legislative declaration - definitions
38‑35‑201
Definitions
38‑35‑202
Recording or filing
38‑35‑203
Action to enforce
38‑35‑204
Order to show cause
Green check means up to date. Up to date

Current through Fall 2024

§ 38-35-107’s source at colorado​.gov