Recitals in deeds prima facie evidence - when.

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All recitals contained in deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property that have remained of record in the office of the county clerk and recorder of the county where the real property affected is situated for a period of twenty years shall be accepted and received as prima facie evidence of the facts recited therein. This section shall not apply to the recitals, exceptions, and reservations described in section 38-35108 and affidavits described in section 38-35-109 (5).

Source: L. 27: p. 589, § 6. CSA: C. 40, § 112. CRS 53: § 118-6-7. C.R.S. 1963: § 1186-7. L. 2003: Entire section amended, p. 834, § 2, effective August 6.


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