§ 38-42-106 — Record of lease no longer notice unless affidavit recorded

(1)
The lessee of any oil, gas, or other mineral lease given on or after March 28, 1967,
on land situated in this state or any owner of a partial interest in such lease shall,
prior to the expiration of six months after the expiration of the primary or definite
term set forth in the lease, record in the office of the county clerk and recorder of
the county wherein such land is situate an affidavit if the affiant claims an
extension of the term of the lease beyond the primary or definite term thereof. If no
such affidavit is recorded, then six months after the expiration of the primary or
definite term of such lease, the record thereof, if any, shall cease to be notice and
shall have no more effect than an unrecorded instrument.

(2) The lessee of any oil, gas, or other mineral lease given prior to March 28,
1967, on land situated in this state or any owner of a partial interest in such lease
shall, within six years after March 28, 1967, or prior to the expiration of six months
after the expiration of the primary or definite term set forth in the lease, whichever
is later, record in the office of the county clerk and recorder of the county wherein
such land is situate an affidavit if the affiant claims an extension of the term of the
lease beyond the primary or definite term thereof. If such affidavit is not so
recorded, then after the expiration of such six-year period, or six months after the
expiration of the primary or definite term set forth in the lease, whichever is later,
the record of such lease, if any, shall cease to be notice and shall have no more
effect than an unrecorded instrument.

Legislative History

Source: L. 67: p. 160, � 1; C.R.S. 1963: � 118-13-6.