Every decree of registration shall bear the year, day, hour, and minute of its entry and shall be signed by one of the judges of the district court. It shall state whether the owner is married or unmarried and, if married, the name of the husband or wife. If the owner is under disability it shall state the nature of the disability, and, if a minor, shall state his age. It shall contain a description of the land as finally determined by the court and shall set forth the estate of the owner, and also, in such manner as to show their relative priority, all particular estates, mortgages, easements, liens, attachments, homesteads, and other encumbrances, including rights of husband and wife, if any, to which the land or the owner's estate is subject and shall contain any other matter or information properly to be determined by the court in pursuance of this article. The decree shall be stated in a convenient form for transcription upon the certificate of title, to be made as provided in section 38-36-139 by the registrar of titles. Immediately upon the filing of the decree of registration, the clerk shall file a certified copy thereof in the office of the registrar of titles.
Source: L. 03: p. 325, � 31. R.S. 08: � 747. C.L. � 4957. CSA: C. 40, � 202. CRS 53: � 118-10-34. C.R.S. 1963: � 118-10-34.
38-36-135. Party acquiring interest after application filed made defendant. Any person who takes by conveyance, attachment, judgment, lien, or otherwise any right, title, or interest in the land subsequent to the filing of a copy of the application for registration in the office of the county clerk and recorder shall at once appear and answer as a party defendant in the proceeding for registration, and the right, title, or interest of such person shall be subject to the order or decree of the court.
Source: L. 03: p. 326, � 32. R.S. 08: � 748. C.L. � 4958. CSA: C. 40, � 203. CRS 53: � 118-10-35. C.R.S. 1963: � 118-10-35.
38-36-136. Registered land to remain under this article unless removed from registration. (1) Unless removed from registration in the manner stated in this section, section 38-36-204, or section 38-36-205, the obtaining of a decree of registration and receiving of a certificate of title shall be deemed an agreement running with the land and binding upon the applicant and the successors in title that the land is and remains registered land and subject to this article 36 and of all amendments thereto. All dealings with the land or any estate or interest therein after the same has been brought under this article 36, and all liens, encumbrances, and charges upon the same shall be made only subject to the terms of this article 36. The owner, or his agent or attorney, of any real property registered under the terms of this article 36 may, at any time, withdraw said real property registration from the operation of this article 36 by surrendering to the registrar his duplicate certificate of ownership, duly endorsed with a signed and acknowledged request for such withdrawal.
(2) This request may be substantially in the following form, to wit:
To the Registrar of Titles in the County of .............., and State of Colorado: I, (or we), ............, the undersigned registered owner of the within described real property, do hereby request that said real property and the title thereto be forthwith withdrawn from registration under the terms of this article.
Witness my (or our) hand this .......... day of .........., A.D. 20.... .
STATE OF COLORADO )
) ss.
County of .....................................)
The foregoing instrument was acknowledged before me this ............ day of ............, A.D. 20...., by ............... .
Witness my hand and official seal.
My Commission expires:
.................................
Notary Public.
(3) Thereupon such registrar shall certify on said certificate that said real property has been withdrawn from the operation of this article and shall cause said certificate with all notations, certifications, memorials, and endorsements thereon to be recorded in the office of the county clerk and recorder of the county in which said real estate is situated. The fee to be paid to the county clerk and recorder for recording said certificate shall be the sum of five dollars. Such withdrawal shall not alter or affect any title, lien, encumbrance, or right pertaining to or fixed upon such real property at the time of such withdrawal.
Source: L. 03: p. 326, � 33. R.S. 08: � 749. C.L. � 4959. L. 43: p. 220, � 1. CSA: C. 40, � 204. CRS 53: � 118-10-36. C.R.S. 1963: � 118-10-36. L. 91: (3) amended, p. 710, � 9, effective July 1. L. 2017: (1) amended, (SB 17-140), ch. 212, p. 826, � 2, effective August 9.