§ 38-44-109. Corners and Boundaries Established
The corners and boundaries finally established by the court in proceedings under this article, or an appeal therefrom, shall be binding upon all the parties, their heirs and assigns, as the corners and boundaries that have been lost, destroyed, or in dispute; but if it is found that the boundaries and corners alleged to have […]
§ 38-44-110. Appeal
There shall be no appeal in such proceedings, except from final judgment of the court taken in the manner that other appeals are taken, and no appeal shall be taken after three months from the final order of the court. Source: L. 07: p. 288, § 10. Code 08: § 306. Code 21: § 307. […]
§ 38-44-111. Costs
The costs in the proceedings shall be taxed as the court thinks just and shall be a lien on the land or interest therein owned by the party or parties against whom they are taxed insofar as such lands are involved in the proceedings. Source: L. 07: p. 288, § 11. Code 08: § 307. […]
§ 38-44-112. Agreements
Any uncertain line, uncertain corner, or uncertain boundary of an existing parcel of land that is recorded in the real estate records in the office of the clerk and recorder for the county where the land is located and that is in dispute may be determined and permanently established by written agreement of all parties […]
§ 38-44-113. Establishment of Boundary Corner
The establishment of a boundary corner through acquiescence confirmed by a court of competent jurisdiction, or by written agreement pursuant to section 38-44-112, shall not alter the location or validity of any existing or properly restored public land survey monument in the vicinity. Such existing or properly restored public land survey monument may be used […]
§ 38-44-102. Notice
Notice of such action shall be given as in other cases and if the defendants or any of them are nonresidents of the state, or unknown, they may be served by publication as provided by law. Source: L. 07: p. 287, § 2. Code 08: § 298. Code 21: § 299. Code 35: § 299. […]
§ 38-44-103. Pleadings – Trial of Issues
The action shall be a civil action, and the only necessary pleadings therein shall be the petition of plaintiff describing the land involved and, insofar as may be, the interest of the respective party and asking that certain corners and boundaries therein described, as accurately as may be, be established. Either the plaintiff or the […]
§ 38-44-104. Commissioners – County Surveyor
The court in which said action is brought may appoint the county surveyor or, if there is no county surveyor or if the court deems it in the best interest of the parties, shall appoint a commission of one or more disinterested surveyors who, at a date and place fixed by the court in the […]
§ 38-44-105. Oath or Affirmation – Assistants
The commissioners so appointed shall take an oath or affirmation in accordance with section 24-12-101 and shall have power to appoint all necessary assistants. Source: L. 07: p. 287, § 5. Code 08: § 301. Code 21: § 302. Code 35: § 302. CRS 53: § 118-11-5. C.R.S. 1963: § 118-11-5. L. 2018: Entire section […]
§ 38-44-106. Hearing
At the time and in the manner specified in the order of court, the commission shall proceed to locate said boundaries and corners and for that purpose may take the testimony of witnesses as to where the true boundaries and corners are located; and, when so ascertained, the commission shall mark the same by erecting […]