Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-36-101 Application to register title - by whom made
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(1) Prior to January 1, 2018, the owner of any estate or interest in land, whether legal or equitable, except unpatented land, may apply as provided in this article 36 to have the title of said land registered. The application may be made by the applicant personally, or by an age…
Colo. Rev. Stat. § 38-36-102 Lesser estates - when registered
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It shall not be an objection to bringing land under this article that the estate or interest of the applicant is subject to any outstanding lesser estate, mortgage, lien, or charge. No mortgage, lien, charge, or lesser estate than a fee simple shall be registered unless the estat…
Colo. Rev. Stat. § 38-36-103 When tax title may be registered
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No title derived through sale for any tax or assessment or special assessment shall be entitled to be registered unless it appears that the title of the applicant, or those through whom he claims title, has been adjudicated by a court of competent jurisdiction, and a decree of su…
Colo. Rev. Stat. § 38-36-104 Contents of application
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(1) The application shall be in writing and shall be signed and verified by the oath of the applicant or the person acting in his behalf. It shall set forth substantially: (a) The name and place of residence of the applicant, and if the application is by one acting in behalf of a…
Colo. Rev. Stat. § 38-36-105 What lands may be joined in one application
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Any number of contiguous pieces of land in the same county and owned by the same person and in the same right, or any number of pieces of property in the same county having the same chain of title and belonging to the same person, may be included in one application. Source: L. 03…
Colo. Rev. Stat. § 38-36-106 Amendment of application
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The application may be amended only by supplemental statement in writing, signed and sworn to as in the case of the original application. Source: L. 03: p. 314, � 6. R.S. 08: � 719. C.L. � 4929. CSA: C. 40, � 174. CRS 53: � 118-10-6. C.R.S. 1963: � 118-10-6.
Colo. Rev. Stat. § 38-36-107 Form of application
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The form of application may, with appropriate changes, be substantially as follows: FORM OF APPLICATION FOR INITIAL REGISTRATION OF TITLE TO LAND. STATE OF COLORADO ) ) ss. County of ................................................) In the In the matter of ) District Court. the a…
Colo. Rev. Stat. § 38-36-108 Application made to district court - powers of court
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The application for registration shall be made to the district court of the county wherein the land is situated. Said court has power to inquire into the condition of the title to and any interest in the land, and any lien or encumbrance thereon, and to make all orders, judgments…
Colo. Rev. Stat. § 38-36-109 Registrars of titles - rules
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The county clerk and recorders of the several counties of this state shall be registrars of titles in their respective counties, and their deputies shall be deputy registrars. All acts performed by registrars and deputy registrars under this article shall be performed under rules…
Colo. Rev. Stat. § 38-36-110 Bond of registrar
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(1) Except as provided in subsection (2) of this section, every county clerk and recorder shall, before entering upon the duties as registrar of titles, give a bond with sufficient sureties, to be approved by a judge of the district court of the county, payable to the people of t…
Colo. Rev. Stat. § 38-36-111 Duties of deputy registrar - vacancies
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Deputy registrars shall perform all duties of the registrar in the name of the registrar, and the acts of such deputies shall be held to be the acts of the registrar, and in the case of the death of the registrar or his removal from office, the vacancy shall be filled in the same…
Colo. Rev. Stat. § 38-36-112 Registrar not to practice law - neglect of duty
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No registrar or deputy registrar shall practice as an attorney or counselor at law, nor prepare any papers in any proceeding provided for in this article, nor while in office be in partnership with any attorney or counselor at law so practicing. The registrar shall be liable for …
Colo. Rev. Stat. § 38-36-113 Examiner of titles - compensation - oath or affirmation - bond
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The judges of the district court in and for the judicial districts for which they are elected or appointed shall appoint a competent attorney in each county within their district as examiner of titles and legal adviser of the registrar. The examiner of titles in each county shall…
Colo. Rev. Stat. § 38-36-114 Nonresident applicant to appoint process agent
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If the applicant is not a resident of the state of Colorado, he shall file with his application a paper, duly acknowledged, appointing an agent residing in this state, giving his name in full and his post-office address, and shall therein agree that the service of any legal proce…
Colo. Rev. Stat. § 38-36-115 Filing and service of application - land registration docket
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The application shall be filed in the office of the clerk of the court to which the application is made, and in case of personal service a true copy thereof shall be served with the summons, and the clerk shall docket the case in a book to be kept for that purpose, which shall be…
Colo. Rev. Stat. § 38-36-116 Abstract of title filed with application
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The applicant shall also file with the clerk, at the time the application is made, an abstract of title such as is now commonly used, prepared, and certified to by the county clerk and recorder of the county, or by a person, firm, or corporation regularly engaged in the abstract …
Colo. Rev. Stat. § 38-36-118 Examination of application and abstract - report of examiner
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Immediately after the filing of the abstract of title, the court shall enter an order referring the application to an examiner of titles, who shall proceed to examine into the title and into the truth of the matters set forth in the application, and particularly whether the land …
Colo. Rev. Stat. § 38-36-119 Issuance of summons
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If, in the opinion of the examiner, the applicant has a title as alleged, and proper registration, or if the applicant, after an adverse opinion of the examiner, elects to proceed further, the clerk of the court shall immediately upon the filing of the examiner's opinion or the a…
Colo. Rev. Stat. § 38-36-120 Parties plaintiff and defendant - unknown claimants
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The applicant shall be known in the summons as the plaintiff. All persons named in the application or found by the report of the examiner as being in possession of the premises or as having of record any lien, encumbrance, right, title, or interest in the land, and all other pers…
Colo. Rev. Stat. § 38-36-121 Contents of summons - service
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The summons shall be directed to the defendants and require them to appear and answer the application within twenty days after the service of the summons, exclusive of the day of service. The summons shall be served as is provided for the service of summons in civil actions in th…
Colo. Rev. Stat. § 38-36-122 Clerk to mail copy of summons and other notices
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The clerk of the court shall also, on or before twenty days after the first publication, send a copy thereof by mail to such defendants who are not residents of the state whose place of address is known or stated in the application and whose appearance is not entered and who are …
Colo. Rev. Stat. § 38-36-123 Form of summons
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The summons provided for in section 38-36-121 shall be in substance in the following form: SUMMONS ON APPLICATION FOR REGISTRATION OF LAND. STATE OF COLORADO ) ) ss. County of .....................................) In the District Court. (Name of applicant), plaintiff .... versus…
Colo. Rev. Stat. § 38-36-124 When guardian ad litem appointed - compensation
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The court shall appoint a disinterested person to act as guardian ad litem for minors and other persons under disability and for all other persons not in being who appear to have an interest in the land. The compensation of the said guardian shall be determined by the court and p…
Colo. Rev. Stat. § 38-36-125 Who may answer - contents of answer
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Any person claiming an interest, whether named in the summons or not, may appear and file an answer within the time named in the summons, or within such further time as may be allowed by the court. The answer shall state all objections to the application, and shall set forth the …
Colo. Rev. Stat. § 38-36-126 Decree, when no answer filed - binds unknown claimants
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If no person appears and answers within the time named in the summons or allowed by the court, the court may at once, upon the motion of the applicant, no reason to the contrary appearing and upon satisfactory proof of the applicant's right thereto, make its order and decree conf…
Colo. Rev. Stat. § 38-36-127 Cause set for trial - default - referee appointed
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If, in any case, an appearance is entered and answer filed, the cause shall be set down for hearing on motion of either party, but a default and order shall first be entered against all persons who do not appear and answer in the manner provided in section 38-36-126. The court ma…
Colo. Rev. Stat. § 38-36-128 Court may order further proof
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The court may order such other or further hearing of the cause before the court or before the examiner of titles after the filing of the report of the examiner referred to in section 38-36-127 and require such other or further proof by either of the parties to the cause as to the…
Colo. Rev. Stat. § 38-36-130 Decree of confirmation - effect - appeal
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If the court, after hearing, finds that the applicant has title, whether as stated in his application or otherwise, proper for registration, a decree of confirmation of title and registration shall be entered. Every decree of registration shall bind the land and quiet the title t…
Colo. Rev. Stat. § 38-36-131 When decree may be opened
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(1) Any person having an interest in or lien upon the land who has not been actually served with process or notified of the filing of the application or the pendency thereof may at any time within ninety days after the entry of such decree, and not afterwards, appear and file his…
Colo. Rev. Stat. § 38-36-132 Action to recover land - limitation
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No person shall commence any proceeding for the recovery of lands or any interest, right, lien, or demand therein or upon the same adverse to the title or interest as found or decreed in the decree of registration unless within ninety days after the entry of the order or decree. …
Colo. Rev. Stat. § 38-36-134 Contents of decree - certified copy filed
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Every decree of registration shall bear the year, day, hour, and minute of its entry and shall be signed by one of the judges of the district court. It shall state whether the owner is married or unmarried and, if married, the name of the husband or wife. If the owner is under di…
Colo. Rev. Stat. § 38-36-137 No title by prescription or adverse possession
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No title to registered land in derogation of that of the registered owner shall ever be acquired by prescription or adverse possession. Source: L. 03: p. 326, � 34. R.S. 08: � 750. C.L. � 4960. CSA: C. 40, � 205. CRS 53: � 118-10-37. C.R.S. 1963: � 118-10-37.
Colo. Rev. Stat. § 38-36-138 Title to be registered - register of titles
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Immediately upon the filing of the decree of registration in the office of the registrar of titles, the registrar shall proceed to register the title or interest pursuant to the terms of the decree in the manner provided in this section. The registrar shall keep a book known as t…
Colo. Rev. Stat. § 38-36-139 Contents and form of certificate of registration
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The certificate of registration shall contain the name of the owner, a description of the land and of the estate of the owner, and shall by memorial or notation contain a description of all encumbrances, liens, and interest to which the estate of the owner is subject. It shall st…
Colo. Rev. Stat. § 38-36-141 Two or more owners
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Where two or more persons are registered owners as tenants in common or otherwise, the owner's duplicate certificate can be issued for the entirety, or a separate duplicate owner's certificate may be issued to each owner for his undivided share. Source: L. 03: p. 328, � 38. R.S. …
Colo. Rev. Stat. § 38-36-142 Subsequent certificates
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All certificates subsequent to the first shall be in like form, except that they shall be entitled Transfer from No. ....... (the number of the next previous certificate relating to the same land), and shall also contain the words Originally registered on the .............. day o…
Colo. Rev. Stat. § 38-36-143 Exchange of certificates - platting land
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A registered owner holding one duplicate certificate for several distinct parcels of land may surrender it and take out several certificates for portions thereof. A registered owner holding several duplicate certificates for several distinct parcels of land may surrender them and…
Colo. Rev. Stat. § 38-36-144 When certificate takes effect
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The certificate of title shall relate back to and take effect as of the date of the decree of registration. Source: L. 03: p. 329, � 41. R.S. 08: � 757. C.L. � 4967. CSA: C. 40, � 212. CRS 53: � 118-10-44. C.R.S. 1963: � 118-10-44.
Colo. Rev. Stat. § 38-36-145 Certificates in evidence - variance
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The original certificate in the registration book, any copy thereof duly certified under the signature of the registrar of titles or his deputy and authenticated by his seal, and also the owner's duplicate certificate shall be received as evidence in all the courts of this state,…
Colo. Rev. Stat. § 38-36-146 Indexes kept by registrar - adoption of forms
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The registrar of titles, under the direction of the court, shall make and keep indexes of all duplications and of all certified copies and decrees of registration and certificates of titles, and shall also index and file in classified order all papers and instruments filed in his…
Colo. Rev. Stat. § 38-36-147 Tract and alphabetical indexes kept by registrar
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The registrar of titles shall keep tract indexes, in which shall be entered the lands registered in the numerical order of the townships, ranges, sections, and, in cases of subdivisions, the blocks and lots therein, and the names of the owners, with a reference to the volume and …
Colo. Rev. Stat. § 38-36-148 Registered land may be conveyed or encumbered
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The owner of registered land may convey, mortgage, lease, charge, or otherwise encumber, dispose of, or deal with the same as fully as if it had not been registered. He may use forms of deeds, trust deeds, mortgages, and leases or voluntary instruments like those now in use and s…
Colo. Rev. Stat. § 38-36-149 Effect of recording instruments
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Every conveyance, lien, attachment, order, decree, judgment of a court of record, or instrument or entry which would under existing law, if recorded, filed, or entered in the office of the county clerk and recorder of the county in which the real estate is situate, affect the sai…
Colo. Rev. Stat. § 38-36-150 Records - open to inspection
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The registrar of titles shall number and note, in a proper book to be kept for that purpose, the year, month, day, hour, and minute of reception and number of all conveyances, orders or decrees, writs or other process, judgments, liens, and all other instruments or papers or orde…
Colo. Rev. Stat. § 38-36-151 Duplicates - certified copies
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Duplicates of all instruments, voluntary or involuntary, filed and registered in the office of the registrar of titles, may be presented with the originals, and shall be attested and sealed by the registrar of titles, and endorsed with the file number and other memoranda on the o…
Colo. Rev. Stat. § 38-36-152 Title not divested - interests less than freehold
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(1) No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple of said land or some part thereof from the owner or one of the registered owners. All interest in the registered land less than a freehold estate s…
Colo. Rev. Stat. § 38-36-154 Certified copy of owner's duplicate certificates
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(1) In the event that an owner's duplicate certificate of title is lost, mislaid, or destroyed, the owner may make affidavit of the fact before any officer authorized to administer oaths, stating, with particularity, the facts relating to such loss, mislaying, or destruction, and…
Colo. Rev. Stat. § 38-36-155 Mode of conveying registered land
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An owner of registered land conveying the same, or any portion thereof, in fee, shall execute a deed of conveyance which the grantor shall file with the registrar of titles in the county where the land lies. The owner's duplicate certificate shall be surrendered, at the same time…
Colo. Rev. Stat. § 38-36-156 Certificate that taxes have been paid
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Before any deed, plat, or other instrument affecting registered land is filed or registered in the office of the registrar of titles, the owner shall present a certificate from the county treasurer showing that all taxes then due thereon have been paid. Source: L. 03: p. 334, � 5…
Colo. Rev. Stat. § 38-36-157 Registered land subject to same laws as unregistered land
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Registered land and ownership therein shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land. Nothing in this article shall in any way be construed to relieve registered land or the owners thereof from any rights incident to th…