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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. § 38-30-101 Parties entitled to hold lands may convey
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Any person, association of persons, or body politic or corporate which is entitled to hold real estate, or any interest in real estate whatever, shall be authorized to convey the same to another or a body corporate or politic by deed. Source: R.S. p. 106, § 1. G.L. § 160. G.S. § …
Colo. Rev. Stat. § 38-30-102 Water rights conveyed as real estate - well permit transfers - legislative declaration - definitions
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(1) The general assembly: (a) Finds that the division of water resources in the department of natural resources needs timely and accurate data regarding well ownership in order to efficiently and accurately account for wells and to ensure that wells are properly constructed and m…
Colo. Rev. Stat. § 38-30-103 Livery of seisin, not necessary
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Livery of seisin is in no case necessary for the conveyance of any lands, tenements, or hereditaments. Source: R.S. p. 106, § 2. G.L. § 161. G.S. § 199. R.S. 08: § 670. C.L. § 4871. CSA: C. 40, § 3. CRS 53: § 118-1-3. C.R.S. 1963: § 118-1-3. ANNOTATION Law reviews. For note, "The…
Colo. Rev. Stat. § 38-30-104 Vendor's after-acquired title deemed in trust for vendee

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If any person sells and conveys to another by deed or conveyance, purporting to convey an estate in fee simple absolute, any tract of land or real estate lying and being in this state, not being possessed of the legal estate or interest therein at the time of the sale and conveya…

Colo. Rev. Stat. § 38-30-104.5 Grantor's interest in vacated right-of-way deemed included

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Every conveyance or encumbrance of real property, voluntary or otherwise, including but not limited to any form of deed, lease, deed of trust, mortgage, or lien, is deemed to include the grantor's interest, if any, in any vacated street, alley, or other right-of-way that adjoins …

Colo. Rev. Stat. § 38-30-105 Lands not in possession may be conveyed

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Any person claiming right or title to lands, tenements, or hereditaments, although he may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his interest in and to the same in as full and complete a manner as if he…

Colo. Rev. Stat. § 38-30-106 Tenant in fee tail takes in fee simple

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In cases where, by the common law, any person may be or become seized in fee tail of any lands, tenements, or hereditaments by virtue of any devise or conveyance, or by any other means whatsoever, such person, instead of becoming seized in fee tail thereof, shall be deemed and ad…

Colo. Rev. Stat. § 38-30-107 Estate granted deemed fee simple unless limited

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Every estate in land which is granted, conveyed, or devised to one, although other words necessary to transfer an estate of inheritance are not added, shall be deemed a fee simple estate of inheritance if a lesser estate is not limited by express words or does not appear to be gr…

Colo. Rev. Stat. § 38-30-107.5 Royalty interests - minerals or geothermal resources

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(1) Any conveyance, reservation, or devise of a royalty interest in minerals or geothermal resources, whether of a perpetual or limited duration, contained in any instrument executed on or after July 1, 1991, creates a real property interest which vests in the holder or holders o…

Colo. Rev. Stat. § 38-30-108 Conveyances to grantee in a representative capacity

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(1) An instrument conveying an interest in real property, in which the grantee is described as trustee, agent, conservator, executor, administrator, attorney-in-fact, personal representative, nominee, custodian, or a person acting in any other representative capacity, shall also …

Colo. Rev. Stat. § 38-30-108.5 Conveyances to trusts - ownership and transfer of property

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(1) A trust may acquire, convey, encumber, lease, or otherwise deal with any interest in real or personal property in the name of the trust. (2) In order to evidence the existence of a trust and the authority of one or more trustees to act on behalf of the trust with respect to a…

Colo. Rev. Stat. § 38-30-110 Rule against perpetuities inapplicable to cemetery trusts

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(1) Any gifts, bequests, transfers, grants, or conveyances of real or personal property by any one person in trust amounting to not more than twenty-five thousand dollars in value in the aggregate at the time of the creation of such trusts, the income of which is to be used exclu…

Colo. Rev. Stat. § 38-30-111 Rule against perpetuities inapplicable to employees' pension trusts

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No trust created by an employer as a part of a pension, stock bonus, disability, death benefit, or profit-sharing plan for the exclusive benefit of some or all of his employees or their beneficiaries, to which contributions are made by such employer or employees, or by both emplo…

Colo. Rev. Stat. § 38-30-112 Rule against perpetuities inapplicable to existing trusts

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No suit or other proceeding affecting a pension, stock bonus, disability, death benefit, or profit-sharing plan existing on September 29, 1951, wherein relief is sought on the ground that such plan is in violation of any existing law or rule against perpetuities or accumulations …

Colo. Rev. Stat. § 38-30-113 Deeds - short form - acknowledgment - effect

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(1) (a) A deed for the conveyance of real property in substantially the following form and that includes the words "and warrant(s) the title to the same", or substantially similar language, is a warranty deed with covenants of warranty: ...................., whose street address …

Colo. Rev. Stat. § 38-30-113.5 Beneficiary deeds

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Deeds intended to take effect at the death of the grantor may be executed and recorded pursuant to the provisions of part 4 of article 15 of title 15, C.R.S. Source: L. 2004: Entire section added, p. 734, § 4, effective August 4.

Colo. Rev. Stat. § 38-30-114 Validation of acknowledgments

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Any deed or other conveyance of real property executed pursuant to section 38-30-113, if acknowledged in conformity with the provisions of section 38-35-101, shall be considered for all purposes as having been properly acknowledged. Such acknowledgment shall carry with it the pre…

Colo. Rev. Stat. § 38-30-116.5 Preparation of deeds - definition

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(1) In connection with the issuance of a policy of title insurance, but subject to the terms of this statute, a licensed title insurance entity may prepare deeds for the conveyance of real property in accordance with the forms described in section 38-30-113 (1). (2) A deed prepar…

Colo. Rev. Stat. § 38-30-117 Mortgages - short form - acknowledgment - effect

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(1) A mortgage of real property may be substantially in the following form: .................., whose address is ........................, County of ........................ and State of ........................, hereby mortgage(s) to .................., whose address is ........…

Colo. Rev. Stat. § 38-30-118 Seal not necessary

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It is not necessary to the proper execution of any conveyance affecting real property that the same be executed under the seal of the grantor, nor that any seal or scroll or other mark be set opposite the name of the grantor. Source: L. 17: p. 161, § 5. C.L. § 4883. CSA: C. 40, §…

Colo. Rev. Stat. § 38-30-119 Posthumous children take as others

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When an estate has been limited by any conveyance, in remainder to the children of any person to be begotten, such children born after the decease of their parent shall take the estate in the same manner as if they had been born in the lifetime of the parent, though no estate has…

Colo. Rev. Stat. § 38-30-120 Conveyance carries right of possession

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All conveyances of real estate and of any interest therein, duly executed and delivered, shall be held to carry with them the right to immediate possession of the premises or interest conveyed, unless a future day for the possession is therein specified. Source: R.S. p. 107, § 9.…

Colo. Rev. Stat. § 38-30-121 What covenants run with the land

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Covenants of seisin, peaceable possession, freedom from encumbrances, and warranty contained in any conveyance of real estate, or any interest therein, shall run with the premises and inure to the benefit of all subsequent purchasers and encumbrancers. Source: R.S. p. 107, § 10. …

Colo. Rev. Stat. § 38-30-122 No action against warrantor without notice and refusal to defend

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No right of action shall exist upon a covenant of warranty against a warrantor when possession of the premises warranted has been actually delivered to or taken by the warrantee, until the party menacing the possession of the grantee, his heirs, personal representatives, or assig…

Colo. Rev. Stat. § 38-30-123 Powers of attorney must be recorded

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In order that all conveyances which are executed by any attorney-in-fact may be seen to be executed with the assent of the grantor, the power of attorney of the attorney-in-fact, duly proved or acknowledged, shall be recorded in the same office in which the conveyances themselves…

Colo. Rev. Stat. § 38-30-124 Powers of attorney, how acknowledged and proved

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Powers of attorney for the conveying, leasing, or releasing of any lands, tenements, or hereditaments or any interest therein may be acknowledged or proved in the same manner as deeds. Source: R.S. p. 111, § 16. G.L. § 175. G.S. § 214. R.S. 08: § 681. C.L. § 4889. CSA: C. 40, § 2…

Colo. Rev. Stat. § 38-30-125 Scroll sufficient

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Any instrument of writing to which the maker shall affix a scroll, by way of seal, shall be of the same effect and obligation to all intents as if the same were sealed. Source: L. 1879: p. 170, § 1. G.S. § 3121. R.S. 08: § 683. C.L. § 4890. CSA: C. 40, § 22. CRS 53: § 118-1-25. C…

Colo. Rev. Stat. § 38-30-126 Acknowledgments, before whom taken

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(1) Deeds, bonds, and agreements in writing conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved before the following officers when executed within this state: (a) Any judge of any court of record, the clerk of any such court of recor…

Colo. Rev. Stat. § 38-30-127 Acknowledgments taken pursuant to other laws

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(1) In addition to the acknowledgment of instruments as provided by articles 30 to 44 of this title, instruments may be acknowledged by: (a) Members of the armed forces of the United States and certain other persons, as provided by section 24-12-104, C.R.S.; (b) Any person within…

Colo. Rev. Stat. § 38-30-128 Prima facie validity of prior foreign acknowledgments

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All deeds and other instruments in writing relating to real estate in this state which have been executed prior to April 23, 1909, purporting to have been acknowledged or proved out of this state before any judge, or clerk, or deputy clerk of any court of record of any foreign ki…

Colo. Rev. Stat. § 38-30-129 Clerk of U.S. courts may take acknowledgments

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Deeds, bonds, and agreements in writing conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved before any clerk of the circuit or district court of the United States, for the district of Colorado, or any deputy of such clerk, such clerk…

Colo. Rev. Stat. § 38-30-130 Governor may appoint commissioners of deeds

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The governor may appoint and commission in any other state, in the District of Columbia, in each of the territories of the United States, and in any foreign country one or more commissioners, who shall keep a seal of office and continue in office during the pleasure of the govern…

Colo. Rev. Stat. § 38-30-131 Oath of commissioner of deeds

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Every such commissioner, before performing any duty or exercising any power by virtue of his appointment, shall take and subscribe an oath or affirmation, before a judge or clerk of one of the courts of record of the district, territory, state, or country in which such commission…

Colo. Rev. Stat. § 38-30-132 Effect of commissioner's acknowledgment

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Such acknowledgment or proof so taken according to the laws of this state, and certified by any such commissioner under his seal of office, annexed to or endorsed on such instrument, shall have the same force and effect as if the same had been made before a judge or any other off…

Colo. Rev. Stat. § 38-30-133 Commissioner has power to administer oath

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Every commissioner has the power to administer any oath, which may be lawfully required in this state, to any person willing to take it and to take and certify all depositions to be used in any of the courts of this state, in conformity with the laws thereof, either on interrogat…

Colo. Rev. Stat. § 38-30-134 Fees of commissioners

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Commissioners, for like services, shall be allowed the same fees as are allowed by law to notaries public of this state. Source: L. 1885: p. 148, § 5. R.S. 08: § 690. C.L. § 4898. CSA: C. 40, § 30. CRS 53: § 118-1-34. C.R.S. 1963: § 118-1-34.

Colo. Rev. Stat. § 38-30-135 Officer shall subscribe certificate

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Every certificate of the acknowledgment or proof of any deed, bond, agreement, power of attorney, or other writing for the conveyance of real estate, or any interest therein or affecting title thereto, shall be subscribed by the officer certifying the same with his proper hand an…

Colo. Rev. Stat. § 38-30-136 Subsequent proof of execution - proof or acknowledgment of copy

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(1) When any deed or instrument of writing has been executed and not acknowledged according to law at the time of the execution thereof, such deed or instrument of writing may at any subsequent time be acknowledged by the makers thereof in the manner provided in this article, or …

Colo. Rev. Stat. § 38-30-137 Recording of leases based on crop rentals

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In any case where agricultural lands are leased upon a crop rental basis and the landlord receives under the terms of the lease a share of the crop in lieu of a cash rental, such lease may be recorded in the office of the county clerk and recorder of the county where the lands le…

Colo. Rev. Stat. § 38-30-138 Filing and recording fee

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The fee for filing and recording such lease shall be the same as that now provided by law for the recording of deeds of real estate. Source: L. 25: p. 177, § 2. CSA: C. 40, § 34. CRS 53: § 118-1-38. C.R.S. 1963: § 118-1-38.

Colo. Rev. Stat. § 38-30-140 Foreign deeds - translation - proof - not recorded without

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Deeds, bonds, agreements in writing, and powers of attorney for the conveyance of lands, or any interest therein, or affecting the title thereto executed in any foreign country, and the acknowledgment or proof of execution thereof, may be executed, heard, taken, and certified in …

Colo. Rev. Stat. § 38-30-141 Conveyance by county or municipality

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The board of county commissioners of any county, or the common council of any city, or the board of trustees of any town may, by order to be entered of record among the proceedings of any such board or council, appoint a commissioner to sell and convey any real estate belonging t…

Colo. Rev. Stat. § 38-30-142 Prior deeds and conveyances by commissioners validated

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All deeds and conveyances of any real estate, formerly belonging to any county conveyed prior to April 4, 1947, by deed signed and acknowledged by the members of the board of county commissioners of such county and attested by the county clerk and recorder of such county, with th…

Colo. Rev. Stat. § 38-30-143 Prior deeds and conveyances by council validated

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All deeds and conveyances of any real estate, formerly belonging to any town or city conveyed prior to April 4, 1947, by deed signed and acknowledged by the mayor and attested by the clerk with the official seal of any such town or city affixed, shall be deemed and held to be leg…

Colo. Rev. Stat. § 38-30-144 Conveyance by corporation

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(1) A private corporation, authorized by law to convey, mortgage, or lease any of its real estate, may convey, mortgage, or lease the same in the manner authorized by articles 30 to 44 of this title or by instrument under its common seal, subscribed by its president, vice-preside…

Colo. Rev. Stat. § 38-30-145 Conveyance by sheriff

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Deeds, executed by any sheriff or other officer for real estate sold upon execution, or pursuant to the decree or order of any court, shall be acknowledged or proved and admitted to record in like manner and with like effect as other deeds. The successor in office of any sheriff …

Colo. Rev. Stat. § 38-30-146 Fraternal society may hold and convey real estate

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Any odd fellows or masonic lodge or other like benevolent and fraternal society duly chartered by its grand body according to the laws, constitution, and usages of such fraternity, and not wishing to become a corporate body, may take and hold real estate for its use and benefit b…

Colo. Rev. Stat. § 38-30-147 Presiding officer may bring suit to protect property

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Should it become necessary at any time to protect the rights of such body in and to real estate or personal property, the presiding officer thereof may bring suit in his own name for the benefit of the lodge or society over which he presides, in any court of record of this state …

Colo. Rev. Stat. § 38-30-148 Joint property of fraternal society

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In case any property is held jointly by two or more such bodies or lodges, the presiding officers of each of said bodies or lodges holding jointly may unite in bringing suit in their own names for the benefit of bodies or lodges over which they preside. Source: L. 1893: p. 86, § …

Colo. Rev. Stat. § 38-30-149 Change of presiding officer not to affect suit

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No suit instituted as provided in sections 38-30-147 and 38-30-148 shall be dismissed on account of any change of the presiding officer of said lodge, but the same shall continue in the name of the party instituting the suit until otherwise disposed of. Source: L. 1893: p. 86, § …