The owner of every claim or improvement, on every tract or parcel of land, has a transferable interest therein, which may be sold in execution or otherwise. Any sale of such improvement is a sufficient consideration to sustain a promise.
Source: R.S. p. 531, § 3. G.L. § 2126. G.S. § 2676. R.S. 08: § 5122. C.L. § 1105. CSA: C. 134, § 3. CRS 53: § 112-1-3. C.R.S. 1963: § 112-1-3.
ANNOTATION
The right of occupancy and possession that are mentioned in this section and § 36-2-104 are such as exist between occupants of the public domain whose rights are dependent upon occupancy alone and not upon any right derived from the general government. Such rights in no measure interfere with the paramount title of the United States or its disposal of the land to one who acquires the right to purchase it under the act of congress, and are terminated whenever its title passes to such purchaser. McMillen v. Gerstle, 19 Colo. 98, 34 P. 681 (1893).
The right-of-way privilege conferred upon railroads by act of congress of March 3, 1875, did not attach on the filing and acceptance of the company's articles of incorporation and proofs of organization, but when the line of road was definitely fixed, either by actual construction or the filing of a map showing its definite location. Denver & R. G. R. R. v. Hanoum, 19 Colo. 162, 34 P. 838 (1893).