Colorado § 38-41-104 - Time to make an entry or bring an action to recover land.
Full text of Colorado Colorado Revised Statutes § 38-41-104 — Time to make an entry or bring an action to recover land., with citation guidance and answers to common questions.
§ 38-41-104. Time to make an entry or bring an action to recover land.
(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.
Source: L. 27: p. 599, § 33. CSA: C. 40, § 139. CRS 53: § 118-7-4. C.R.S. 1963: § 118-7-4.
ANNOTATION
Section could be raised as an affirmative defense in an answer to a petition to set aside a decree of determination of heirship on the ground of fraud, but it could not be properly considered on motion to dismiss such petition. Cisneros v. Cisneros, 163 Colo. 245, 430 P.2d 86 (1967).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-41-104
What does Colorado Revised Statutes § 38-41-104 cover?
Section 38-41-104 ("Time to make an entry or bring an action to recover land.") 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 § 38-41-104?
A common citation format is "Colorado Revised Statutes § 38-41-104" (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 § 38-41-104 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.