§ 38-41-104 — Time to make an entry or bring an action to recover land

Colorado § 38-41-104

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Limitations - Homestead Exemptions

Text

(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) (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.

Legislative History

Source: L. 27: p. 599, � 33. CSA: C. 40, � 139. CRS 53: � 118-7-4. C.R.S. 1963: � 118-7-4.