C.R.S. Section 38-41-104
Time to make an entry or bring an action to recover land

(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 or devisee of one who died seized or possessed, his right shall be deemed to have accrued at the time of such death, unless there is a tenancy or other estate intervening after the death of such ancestor or devisor, except as provided in section 38-41-112, in which case his right shall be deemed to accrue when such intermediate estate expires or when it would have expired by its own limitations.

(c)

Intentionally left blank —Ed.

(I)

When there is such an intermediate estate, and in all cases when the party claims by force of any remainder or reversion, his right, insofar as it is affected by the limitation prescribed in this section, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof for which he might have entered at an earlier time.

(II)

Subparagraph (I) of this paragraph (c) shall not prevent a person from entering when entitled to do so by reason of any forfeiture or breach of condition, but if he claims under such a title, his rights shall be deemed to have accrued when the forfeiture was incurred or the condition was broken.

(d)

In all cases not otherwise specifically provided for, the right shall be deemed to have accrued when the claimant or the person under whom he claims first became entitled to the possession of the premises under the title upon which the entry or the action is founded.

Source: Section 38-41-104 — Time to make an entry or bring an action to recover land, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑41‑101
Limitation of eighteen years 38‑41‑102
How computed 38‑41‑103
Evidence of adverse possession 38‑41‑104
Time to make an entry or bring an action to recover land 38‑41‑105
Abstract of title prima facie evidence 38‑41‑106
Limitation seven years - possession under official and judicial conveyance or orders 38‑41‑107
Rights of heirs 38‑41‑108
Rights in possession seven years - color of title and payment of taxes 38‑41‑109
When in possession under color of title - unoccupied lands 38‑41‑110
Payment of delinquent taxes by owner of less than whole property 38‑41‑111
When action will not lie against person in possession 38‑41‑112
Legal disability - extension of two years 38‑41‑113
Limitations may be asserted affirmatively or by way of defense 38‑41‑114
When limitations apply 38‑41‑115
Setting aside judgments against unknown parties 38‑41‑116
Actions to enforce contracts of sale 38‑41‑117
Actions to enforce bonds for deeds 38‑41‑118
Construction of sections 38‑41‑119
One-year limitation 38‑41‑201
Homestead exemption - definitions 38‑41‑201.5
Legislative declaration of homestead exemption for mobile homes 38‑41‑201.6
Mobile home, manufactured home, trailer, and trailer coach homestead exemption 38‑41‑201.7
Definition of “dwelling” - personal property included 38‑41‑202
Homestead to be created automatically in certain cases - filing of statement required in other cases 38‑41‑203
Exemption only while occupied 38‑41‑204
Surviving spouse and minor children entitled 38‑41‑205
Of what homestead may consist 38‑41‑206
Levy on homestead - excess - costs 38‑41‑207
Proceeds exempt - bona fide purchaser 38‑41‑208
Survival of exemption 38‑41‑209
Insurance proceeds 38‑41‑210
Definitions - vendor’s rights 38‑41‑211
Exemption in addition to allowances 38‑41‑212
Waiver
Green check means up to date. Up to date

Current through Fall 2024

§ 38-41-104’s source at colorado​.gov