Colorado § 38-41-113 - Limitations may be asserted affirmatively or by way of defense.
Full text of Colorado Colorado Revised Statutes § 38-41-113 — Limitations may be asserted affirmatively or by way of defense., with citation guidance and answers to common questions.
§ 38-41-113. Limitations may be asserted affirmatively or by way of defense.
The limitations provided for in this part 1 may be asserted either affirmatively or by way of defense and may be used in any action as a source of or as a means to establish title or the right of possession or as an aid or explanation of title. Actions may be maintained affirmatively to establish such limitations provided for in this part 1.
Source: L. 27: p. 604, § 41. CSA: C. 41, § 148. CRS 53: § 118-7-13. C.R.S. 1963: § 118-7-13.
ANNOTATION
Law reviews. For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 16 Dicta 71 (1940). For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 321 (1949). For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 281 (1949). For note, "'Color of Title' in the Colorado Short Statutes of Limitation", see 21 Rocky Mt. L. Rev. 226 (1949).
Section is exception to general rule. The general rule that statutes of limitations are held to be available only as a matter of defense or bar to the bringing of an action has no application to the limitations contained in this part of article 41, since this section expressly provides that the limitations therein contained "may be asserted affirmatively or by way of defense". Fed. Farm Mtg. Corp. v. Schmidt, 109 Colo. 467, 126 P.2d 1036 (1942).
Applied in Crawford v. French, 633 P.2d 524 (Colo. App. 1981); Childers v. Quartz Creek Land Co., 946 P.2d 534 (Colo. App. 1997).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-41-113
What does Colorado Revised Statutes § 38-41-113 cover?
Section 38-41-113 ("Limitations may be asserted affirmatively or by way of defense.") 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 § 38-41-113?
A common citation format is "Colorado Revised Statutes § 38-41-113" (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 § 38-41-113 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.