Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-23-101 Liability of co-owners
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All co-owners of unincorporated irrigating ditches shall pay for the necessary cleaning and repairing of such ditches in the proportion that their respective interests bear to the total expenses incurred in said cleaning and repairing. Any such co-owner may perform labor in clean…
Colo. Rev. Stat. § 38-23-102 Request to clean ditch
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Upon the failure of any one or more of several coowners, upon written request of the owners of one-third of the carrying capacity or board of directors, to assist in cleaning and repairing such ditch, the other coowners shall proceed to clean and repair the same and shall keep an…
Colo. Rev. Stat. § 38-23-103 Lien of co-owner against delinquent
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The co-owners of any such ditch who clean and repair the same, as specified in section 38-23-102, shall have a lien upon the interest in such ditch owned by such delinquent co-owner for his proportion of such cost and expenses. Source: L. 1893: p. 312, � 3. R.S. 08: � 4053. C.L. …
Colo. Rev. Stat. § 38-23-104 Claimant to file verified statement
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Any person wishing to avail himself of the provisions of this article shall file for record in the office of the county clerk and recorder of the county wherein the ditch to be affected by the lien is situated, within thirty days after the completion of such work, a statement add…
Colo. Rev. Stat. § 38-23-105 Lien may be assigned - effect
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Any party claiming a lien under the provisions of this article may assign in writing his claim and lien to any person, who shall thereafter have all the rights and remedies of the assignor. Source: L. 1893: p. 313, � 5. R.S. 08: � 4055. C.L. � 6472. CSA: C. 101, � 45. CRS 53: � 8…
Colo. Rev. Stat. § 38-23-106 Lien duration - action prolongs
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No lien claimant by virtue of this article shall hold the property longer than six months after filing the statement described in section 38-23-104 unless an action is commenced within that time to enforce the same. Source: L. 1893: p. 313, � 6. R.S. 08: � 4056. C.L. � 6473. CSA:…
Colo. Rev. Stat. § 38-23-107 Judgment - execution
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Actions to enforce liens claimed by virtue of this article shall be commenced and prosecuted in accordance with the procedure in other civil actions in the state of Colorado. Each party who establishes his claim under this article shall have a judgment against the party personall…
Colo. Rev. Stat. § 38-23-108 Sale - right of redemption
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The court shall cause such ditch interest to be sold in satisfaction of said lien and costs, as in the case of foreclosure of mortgages and in the manner and form provided for sales on executions issued out of courts of record, and the owner and creditors shall have a right to re…
Colo. Rev. Stat. § 38-23-109 Costs
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The plaintiff if successful shall also recover all other costs and expenses incurred in claiming and enforcing his lien. Source: L. 1893: p. 314, � 9. R.S. 08: � 4059. C.L. � 6476. CSA: C. 101, � 49. CRS 53: � 86-4-9. C.R.S. 1963: � 86-4-9.
Colo. Rev. Stat. § 38-23-110 Releasing lien - penalty for delay
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The claimant of any such lien, the statement of which has been recorded, on the payment of the amount claimed together with costs of making and recording such statement and costs of satisfaction, at the request of any person interested in the ditch interest charged therewith, sha…