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Colorado Statutes, Title 38

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Title 38, Property - Real and Personal

0 chapters · 1,193 sections in this title.

All chapters in Title 381,193 Ch 12114 Ch 36110 Ch 13106 Ch 33.382 Ch 3074 Ch 2953 Ch 3844 Ch 639 Ch 2235 Ch 3534 Ch 4134 Ch 126 Ch 2026 Ch 1025

74 sections·Filtered byTitle 38✕Ch 30✕

Colo. Rev. Stat. § 38-30-150 Definitions
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As used in articles 30 to 44 (except part 2 of article 41) of this title 38 and part 5 of article 10 of title 12, unless the context otherwise requires: (1) "Deed" includes mortgages, leases, releases, and every conveyance or encumbrance under seal. (2) "Land" and "real estate" s…
Colo. Rev. Stat. § 38-30-151 Division of county - transcript of records - certificate
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(1) Whenever any county has been divided and a portion of the territory thereof erected into a new county, or added to some other county, the board of county commissioners of such new county or of the county to which such territory is added may, at the expense of its own county, …
Colo. Rev. Stat. § 38-30-152 Not applicable to wills
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This article shall not be so construed as to embrace last wills and testaments except where expressly provided otherwise. Source: R.S. p. 115, § 31. G.L. § 189. G.S. § 229. R.S. 08: § 709. C.L. § 4919. CSA: C. 40, § 47. CRS 53: § 118-1-53. C.R.S. 1963: § 118-1-52.
Colo. Rev. Stat. § 38-30-153 Recording wills and decrees affecting lands - descents

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Any will in writing for the devise of real estate in this state, together with the probate thereof and the certificate mentioned in section 38-30-154, may be recorded in the office of the county clerk and recorder of every county wherein any of such real estate so devised may be …

Colo. Rev. Stat. § 38-30-154 Clerk shall furnish certified copies

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The clerk of any court, upon demand, shall furnish to any party in interest copies of any such papers and records properly attached and certified by him under the seal of such court, and the same shall thereupon be admitted to record accordingly. Source: L. 1881: p. 254, § 2. G.S…

Colo. Rev. Stat. § 38-30-155 Certified copy of record shall be evidence of title

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Such record of any such certified will and probate thereof, and of any such decree, and of said accompanying papers and records in relation to any such will or decree shall be received in all courts of this state as evidence of the title to any real estate so devised by will or d…

Colo. Rev. Stat. § 38-30-156 Fees for county clerk and recorder

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The county clerk and recorder shall be entitled to the same fee as in other cases of the certification of copies of records in his office, and any such county clerk and recorder shall be entitled to the same fee as in cases of deeds to real estate. Source: L. 1881: p. 255, § 4. G…

Colo. Rev. Stat. § 38-30-157 Same use prohibition or restriction repeated in subsequent instruments taking effect on or after January 1, 1966 - exception

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(1) If any inter vivos instrument taking effect on or after January 1, 1966, or if the will of any testator dying on or after such date, or if any appointment made on or after such date, including an appointment by inter vivos instrument or will under a power created before such …

Colo. Rev. Stat. § 38-30-158 Record notice required for same use prohibition or restriction repeated in subsequent instruments taking effect prior to January 1, 1966 - exception - affidavit as to ownership and possession

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(1) If any inter vivos instrument taking effect prior to January 1, 1966, or if the will of any testator dying prior to such date, or if any appointment made prior to such date, including an appointment by inter vivos instrument or will, purports to convey or devise any interest …

Colo. Rev. Stat. § 38-30-159 Who may record notice of intention to claim possibility of reverter or right of entry

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(1) The notice of claim required by section 38-30-158 that a new special limitation and possibility of reverter or a new condition subsequent and right of entry were created shall be duly verified on oath and shall be filed for record in the office of the county clerk and recorde…

Colo. Rev. Stat. § 38-30-160 Contents of notice - recording, indexing - effect

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(1) To be effective and entitled to be filed for record, such notice shall contain all of the following matters: (a) An accurate and full description of all real property affected by such notice, which description shall be set forth in particular terms and not by general inclusio…

Colo. Rev. Stat. § 38-30-161 Use prohibition or restriction affecting less or more real property - more or fewer use prohibitions or restrictions

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For purposes of sections 38-30-157 to 38-30-164, every inter vivos instrument and every will and every appointment shall be considered as purporting to prohibit or restrict a use of an interest in real property which has been previously prohibited or restricted notwithstanding th…

Colo. Rev. Stat. § 38-30-162 Interests and instruments to which sections 38-30-157 to 38-30-164 do not apply

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(1) Sections 38-30-157 to 38-30-164 shall not affect any special limitation or possibility of reverter or condition subsequent or right of entry contained in any conveyance, devise, or appointment for a public, charitable, religious, or educational purpose. (2) Sections 38-30-157…

Colo. Rev. Stat. § 38-30-163 Other statutes and laws remain applicable

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Sections 38-30-157 to 38-30-164 shall not be construed as establishing or maintaining or reviving the validity of any special limitation or possibility of reverter or condition subsequent or right of entry which becomes barred by any other statute or any other law, or which is fo…

Colo. Rev. Stat. § 38-30-164 Sections to be liberally construed

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Sections 38-30-157 to 38-30-164 shall be liberally construed to effect the legislative purposes of simplifying and facilitating real property title transactions and of rendering real property titles more secure and marketable by the elimination, as provided in sections 38-30-157 …

Colo. Rev. Stat. § 38-30-165 Unreasonable restraints on the alienation of property - prohibited practices

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(1) Subject to the limitations and exceptions as provided in this section, any person with a security interest in real estate shall not, directly or indirectly: (a) Accelerate or mature the indebtedness secured by such real estate on account of the sale or transfer of such real e…

Colo. Rev. Stat. § 38-30-166 Joint ventures - ownership and transfer of property

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(1) Upon compliance with the provisions of subsection (2) of this section, a joint venture may acquire, convey, encumber, lease, or otherwise deal with any interest in property in the name of the joint venture set forth in the affidavit required by subsection (2) of this section …

Colo. Rev. Stat. § 38-30-167 Right of purchaser to obtain partial specific performance

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If it is impossible for a vendor of real property to convey a portion of the real property he contracted to convey, the vendee has a right to obtain a conveyance of that portion which it is possible to convey and a right to obtain damages or other equitable relief concerning the …

Colo. Rev. Stat. § 38-30-168 Unreasonable restrictions on renewable energy generation devices or fire-hardened building materials - definitions

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(1) (a) A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a renewable energy gener…

Colo. Rev. Stat. § 38-30-169 Instruments of conveyance - removal of void and unenforceable restrictive covenants which are based upon race or religion

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(1) Any attorney, title insurance company, or title insurance agent authorized to do business in this state may remove by recording a new instrument any restrictive covenants which are based upon race or religion, or reference thereto, which are contained in any deed, contract, s…

Colo. Rev. Stat. § 38-30-170 Private restrictive covenants - modification - exception - procedures

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(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), any private restrictive covenants which are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States may be modifi…

Colo. Rev. Stat. § 38-30-171 Survival of remedies and title to corporate property after dissolution

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(1) This section shall apply to corporations for profit that were both formed under the laws of this state and dissolved before July 1, 1994. (2) The dissolution of a corporation shall not eliminate or impair any remedy available to or against the corporation or its directors, of…

Colo. Rev. Stat. § 38-30-172 Evidence of existence and authority - definitions

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(1) Prima facie evidence of the existence of an entity and the authority of one or more persons to act on behalf of an entity to convey, encumber, or otherwise affect title to real property may be shown as provided in this section. (2) As used in this section, unless the context …

Colo. Rev. Stat. § 38-30-173 Survival of remedies and title to corporate property after dissolution - nonprofit corporations

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(1) This section shall apply to nonprofit corporations that were dissolved before July 1, 1998, and either formed under articles 20 to 29 of title 7, C.R.S., or elected or could have elected to accept such articles as set forth in articles 20 to 29 of title 7, C.R.S.; except that…