Home / Legal Reference...

Statutes of Limitations: Limitation of actions against land surveyors

Please Read our General Disclaimer and Statute of Limitations Disclaimer.

Notwithstanding any statutory provision to the contrary, all actions against any land surveyor brought to recover damages resulting from any alleged negligent or defective land survey shall be brought within three years after the person bringing the action either discovered or in the exercise of reasonable diligence and concern should have discovered the negligence or defect which gave rise to such action, and not thereafter, but in no case shall such an action be brought more than ten years after the completion of the survey upon which such action is based.¹

The limitations set forth shall not apply to any survey unless the documentary evidence of such land survey contains, clearly depicted thereon, the following statement:

"NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon."²

If any survey is performed which does not require documentation, the limitations set forth shall nevertheless apply if, not less than ninety days after the completion of the survey, written notice of the provisions of this article is provided to all persons holding an interest in the property upon which such survey is conducted.³

¹ C.R.S. 13-80-105, 2002. “Land survey” or “improvement survey” means any survey conducted by or under the direction and control of a land surveyor licensed pursuant to the provisions of part 2 of article 25 or title 12, C.R.S., and includes but is not limited to professional land surveying, as defined in C.R.S. 12-25-202(6). Nothing in this section shall be construed as extending the period or periods provided by the laws of Colorado or by agreement of the parties for bringing any action, nor shall this sections be construed as creating any claim for relief not existing or recognized on or before July 1, 1979. C.R.S. 13-80-105(2), 2002. Back
² C.R.S. 13-80-105(3)(a), 2002. Back
³ C.R.S. 13-80-105(3)(b), 2002. Back