Grantor and grantee indices to be kept by county clerk and recorder

Colo. Rev. Stat. § 30-10-408, under COUNTY CLERK AND RECORDER.

Colo. Rev. Stat. § 30-10-408

(1) (a) Every county clerk and recorder shall keep a grantor index and a grantee index in the clerk and recorder's office. The grantor index may be divided into seven columns, with heads to the respective columns as follows:

Time of Reception

Names of Grantors

Names of Grantees

Type of Document

Volume and

Page Where

Recorded

Remarks

Description of Tract

(b) The clerk and recorder shall make correct entries in the grantor index of every document filed or recorded, as required by law, concerning or affecting real estate, under the appropriate headings, entering the names of the grantors in alphabetical order.

(2) (a) The grantee index may be divided into seven columns, with heads to the respective columns as follows:

Time of Reception

Names of Grantors

Names of Grantees

Type of Document

Volume and

Page Where

Recorded

Remarks

Description of Tract

(b) The clerk and recorder shall make correct entries in the grantee index of every document filed or recorded, as required by law, concerning or affecting real estate under the appropriate heading, entering the names of the grantees in alphabetical order.

(2.5) The county clerk and recorder shall properly enter a recorded document in the grantor and grantee indices as soon as practicable but not later than seven business days after the date on which the document is recorded.

(3) (a) In counties with the capability, the county clerk and recorder may substitute printouts, microfiches, aperture cards, or other legible photographic or electronic processes for the books and indices required by subsections (1) and (2) of this section. The security and public inspection provisions of section 30-10-407 shall apply to all such printouts, microfiches, aperture cards, or other photographic or electronic records. Both the grantor and grantee indices may be combined in one alphabetical listing with proper coding to indicate grantor and grantee, with both the grantor and grantee appearing in proper alphabetical order.

(b) A general index of releases may be maintained on printouts, microfiches, or aperture cards, by other legible photographic or electronic process, or in a separate book of releases containing a space to enter new index numbers of releases on a numerical listing of the original recording information of the document being released.

(c) Records kept under the provisions of this subsection (3) may substitute reception or index numbers for volume, film, or page numbers, and any electronic records may contain indices for as many years as the county clerk and recorder may deem useful for public inspection.

Source: G.L. § 484. G.S. § 579. L. 1889: p. 105, § 1. R.S. 08: § 1262. C.L. § 8737. CSA: C. 45, § 84. CRS 53: § 35-4-8. C.R.S. 1963: § 35-4-8. L. 81: (2)(b) amended and (3) added, p. 1435, § 2, effective January 1, 1982. L. 82: (2)(b) amended, p. 625, § 30, effective April 2. L. 96: Entire section amended, p. 1557, § 5, effective July 1. L. 2002: (3) amended, p. 790, § 3, effective August 7. L. 2004: (2.5) added, p. 377, § 2, effective July 1.

ANNOTATION

Law reviews. For article, "What's in the Pockets?", see 53 Colo. Law. 28 (Apr. 2024).

The purpose of this and the following section is to furnish a ready and generally convenient means of reference to the matters contained in the books of record. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417, 106 P.2d 479 (1940).

This section requires every county clerk and recorder to maintain grantor-grantee indices. Guaranty Bank & Trust Co. v. LaSalle Nat'l Bank Ass'n, 111 P.3d 521 (Colo. App. 2004).

There is no mandatory requirement in this and the following section that a description of the property conveyed be noted therein. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417, 106 P.2d 479 (1940).

Correct entries in these books do not excuse a mistake made in transcribing an instrument on the record proper. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417, 106 P.2d 479 (1940).

The failure of an interested party to search and examine the reception book and indices does not release a clerk and recorder from liability for neglect in failing to correctly transcribe an instrument on the record proper. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417, 106 P.2d 479 (1940).

Nor does the mere constructive notice which the registration statutes impute from the filing of a conveyance for record, which is for the protection of those claiming under the conveyance, exist for the protection of the recording officer for nonperformance of official duty. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417, 106 P.2d 479 (1940).