Colorado § 13-80-105 Limitation of actions against land surveyors

Colorado Statutes

§ 13-80-105 — Limitation of actions against land surveyors

Colorado § 13-80-105

Title 13Courts

Art.Limitations - Personal Actions

This text of Colorado § 13-80-105 (Limitation of actions against land surveyors) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 13-80-105 (2026).

Text

(1)Notwithstanding any statutory provision to the contrary, all actions against any land surveyor brought to recover damages resulting from any alleged negligent or defective land survey shall be brought within the time provided in section 13-80-101 after the person bringing the action either discovered or in the exercise of reasonable diligence and concern should have discovered the negligence or defect which gave rise to such action, and not thereafter, but in no case shall such an action be brought more than ten years after the completion of the survey upon which such action is based.

(2)For purposes of this section, land survey or improvement survey means any survey conducted by or under the direction and control of a land surveyor licensed pursuant to the provisions of p

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(1)
Notwithstanding any statutory provision to the contrary, all actions against any
land surveyor brought to recover damages resulting from any alleged negligent or
defective land survey shall be brought within the time provided in section 13-80-101
after the person bringing the action either discovered or in the exercise of
reasonable diligence and concern should have discovered the negligence or defect
which gave rise to such action, and not thereafter, but in no case shall such an
action be brought more than ten years after the completion of the survey upon
which such action is based.

(2) For purposes of this section, land survey or improvement survey
means any survey conducted by or under the direction and control of a land
surveyor licensed pursuant to the provisions of part 3 of article 120 of title 12 and
includes but is not limited to professional land surveying, as defined in section 12-120-302 (5). Nothing in this section shall be construed as extending the period or
periods provided by the laws of Colorado or by agreement of the parties for
bringing any action, nor shall this section be construed as creating any claim for
relief not existing or recognized on or before July 1, 1979.

(3) (a) The limitations set forth in subsections (1) and (2) of this section shall
not apply to any survey unless the documentary evidence of such land survey
contains, clearly depicted thereon, the following statement:

NOTICE : According to Colorado law you must commence any legal action
based upon any defect in this survey within three years after you first discover such
defect. In no event may any action based upon any defect in this survey be
commenced more than ten years from the date of the certification shown hereon.

(b) If any survey is performed that does not require documentation, the
limitations set forth in subsections (1) and (2) of this section shall nevertheless
apply if, not more than ninety days after the completion of the survey, written
notice of the provisions of this article is provided to all persons holding an interest
in the property upon which such survey is conducted.

Legislative History

Source: L. 86: Entire article R&RE, p. 698, � 1, effective July 1. L. 87: (2) amended, p. 1577, � 19, effective July 10. L. 2006: (3)(b) amended, p. 339, � 3, effective August 7. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1668, � 77, effective October 1.