# C.R.S. § 38-41-109: 38-41-109. When in possession under color of title - unoccupied lands

> Colorado · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-109

## Section

- **Citation:** C.R.S. § 38-41-109
- **Heading:** 38-41-109. When in possession under color of title - unoccupied lands
- **Jurisdiction:** Colorado
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-109

## Text

38-41-109. When in possession under color of title - unoccupied lands. Whenever a person having color of title, made in good faith, to vacant and unoccupied land pays all taxes legally assessed thereon for seven successive years, he shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to the purport of his paper title. All persons holding under such taxpayer, by purchase, devise, or descent, before said seven years have expired, who continue to pay the taxes as provided in this section, so as to complete the payment of taxes for the period of time provided in this section, shall be entitled to the benefit of this section. If any person, having a better paper title to said vacant and unoccupied land, shall during the said term of seven years pay the taxes assessed on said land for any one or more years during the said term of seven years, then such person seeking title under claim of taxes paid, his heirs and assigns, shall not be entitled to the benefit of this section. For the purposes of this part 1 a redemption from a sale for taxes by the party claiming under any of the limitations set forth in this section shall be considered as the equivalent of a payment of taxes.

## Nearby sections

- [C.R.S. § 38-41-101 38-41-101. Limitation of eighteen years](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-101.md)
- [C.R.S. § 38-41-102 38-41-102. How computed](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-102.md)
- [C.R.S. § 38-41-103 38-41-103. Evidence of adverse possession](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-103.md)
- [C.R.S. § 38-41-104 38-41-104. Time to make an entry or bring an action to recover land](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-104.md)
- [C.R.S. § 38-41-105 38-41-105. Abstract of title prima facie evidence](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-105.md)
- [C.R.S. § 38-41-106 38-41-106. Limitation seven years - possession under official and judicial conveyance or or](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-106.md)
- [C.R.S. § 38-41-107 38-41-107. Rights of heirs](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-107.md)
- [C.R.S. § 38-41-108 38-41-108. Rights in possession seven years - color of title and payment of taxes](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-108.md)
- [C.R.S. § 38-41-109 38-41-109. When in possession under color of title - unoccupied lands](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-109.md)
- [C.R.S. § 38-41-110 38-41-110. Payment of delinquent taxes by owner of less than whole property](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-110.md)
- [C.R.S. § 38-41-111 38-41-111. When action will not lie against person in possession](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-111.md)
- [C.R.S. § 38-41-112 38-41-112. Legal disability - extension of two years](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-112.md)
- [C.R.S. § 38-41-113 38-41-113. Limitations may be asserted affirmatively or by way of defense](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-113.md)
- [C.R.S. § 38-41-114 38-41-114. When limitations apply](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A41_P1_S38-41-109. Check the current official text before relying on it. Not legal advice.