C.R.S. Section 38-41-111
When action will not lie against person in possession

(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 instrument of conveyance, deed, certificate of sale, or release executed by any private trustee, successor in trust, public trustee, sheriff, marshal, county treasurer, or any public official whatsoever, whether named in this section or not, or officer or any appointee of any court when such document is the source of or in aid of or in explanation of the title or chain of title or right of the party in possession or any of his predecessors or grantors insofar as the same may affect the title or explain any matter connected with the title in reference to said real property if such document has been recorded and has remained of record in the office of the county clerk and recorder of the county where said real property is situated for a period of seven years. All defects, irregularities, want of service, defective service, lack of jurisdiction, or other grounds of invalidity, nullity, or causes or reasons whereby or wherefore any such document might be set aside or rendered inoperative must be raised in a suit commenced within said seven-year period and not thereafter.

(2)

This section shall not apply to any of the following cases:

(a)

Forged documents;

(b)

During the pendency of an action, commenced prior to the expiration of said seven-year period, to set aside, modify, or annul or otherwise affect such document, and notice of such action has been filed as provided by law;

(c)

When such document has been, by proper order or decree of competent court, avoided, annulled, or rendered inoperative;

(d)

Where the party, or his predecessor, who brings the action to question, to attack, or to set aside the validity of such documents, has been deprived of possession within two years of the commencement of said action.

Source: Section 38-41-111 — When action will not lie against person in possession, 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

§ 38-41-111’s source at colorado​.gov