Colorado § 38-35-108 - Reference to some other instrument affects only the parties thereto.
Full text of Colorado Colorado Revised Statutes § 38-35-108 — Reference to some other instrument affects only the parties thereto., with citation guidance and answers to common questions.
§ 38-35-108. Reference to some other instrument affects only the parties thereto.
When a deed or any other instrument in writing affecting title to real property has been recorded and such deed or other instrument contains a recitation of or reference to some other instrument purporting to affect title to said real property, such recitation or reference shall bind only the parties to the instrument and shall not be notice to any other person whatsoever unless the instrument mentioned or referred to in the recital is of record in the county where the real property is situated. Unless the same is so recorded, no person other than the parties to the instrument shall be required to make any inquiry or investigation concerning such recitation or reference. All such recitations or references contained in deeds and instruments recorded prior to March 28, 1927, shall, after the expiration of one year from March 28, 1927, cease to be notice unless the instrument referred to in said reservation, exception, or reference is actually recorded within said one-year period.
Source: L. 27: p. 589, § 7. CSA: C. 40, § 113. CRS 53: § 118-6-8. C.R.S. 1963: § 118-6-8.
ANNOTATION
Law reviews. For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 321 (1949). For article, "Converting a Duplex: Party Wall Declaration and Other Considerations", see 11 Colo. Law. 1201 (1982). For article, "Limitation of Bank's Liabilities in Letters of Credit Agreements", see 15 Colo. Law. 1019 (1986). For article, "Buyers and Brokers Beware: The Contract-Deeding Trap for the Unwary", see 45 Colo. Law. 49 (Mar. 2016).
Section limits general rule. The general rule that recitals in conveyances in the purchaser's chain of title are binding on him has been narrowed in Colorado by this section. Page v. Fees-Krey, Inc., 617 P.2d 1188 (Colo. 1980).
The general rule that a purchaser is bound by recitals in conveyances or other instruments of transfer in the chain of title is narrowed by this section. Gilpin Inv. Co. v. Blake, 712 P.2d 1051 (Colo. App. 1985).
Description by reference to a prior deed recorded in the same county is sanctioned by this section. Linville v. Russell, 168 Colo. 459, 452 P.2d 18 (1969).
Applied in Rocky Mt. Fuel Co. v. Clayton Coal Co., 110 Colo. 334, 134 P.2d 1062 (1943); Swofford v. Colo. Nat'l Bank, 628 P.2d 184 (Colo. App. 1981).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-35-108
What does Colorado Revised Statutes § 38-35-108 cover?
Section 38-35-108 ("Reference to some other instrument affects only the parties thereto.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-35-108?
A common citation format is "Colorado Revised Statutes § 38-35-108" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-35-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.