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.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 35 - Conveyancing and Recording
§ 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
§ 38-35-109.5. 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
§ 38-35-116. 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
§ 38-35-123. 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