Title 38, Property - Real and Personal

(1) Every person wishing to avail himself of the benefits of this article must file with the county clerk and recorder of the county in which the property or premises mentioned in this article are situated, and within six months after the machinery, materials, fuel, explosives, o…

Every person, firm, or corporation filing a statement as provided in section 38-24-104 and claiming a lien under this article shall commence suit thereon in the district court of the county in which the statement is filed not later than six months after the date of such filing, a…

Whenever any person removes any property subject to a lien under this article out of the county in which the statement has been filed, the lien claimant may file, within thirty days after receiving notice of such removal, with the county clerk and recorder of the county to which …

When the lien provided in this article attaches to the property covered thereby in the manner indicated in this article, no one shall sell or remove the property subject to said lien, or cause the same to be removed from such lands or premises, or otherwise sell or dispose of the…

Any person who removes or causes to be removed any property covered by the lien provided for in this article from the place where such property was located when such lien was filed, without the written consent of the lien claimant, is guilty of theft of such property and, upon co…

Any person, firm, or corporation entitled to a lien under this article may assign his claim before or after filing the lien statement provided for in section 38-24-104, and in such event the assignee shall be clothed with all the rights inherent by virtue of this article in the a…

The provisions of this article are cumulative and in addition to all lien rights and remedies already provided by the laws of this state. Source: L. 29: p. 439, � 10. CSA: C. 101, � 60. CRS 53: � 86-5-10. C.R.S. 1963: � 86-5-10.

Nothing in this article shall fix a liability against the owner of the land, except when such owner is a party to the contract with the lien claimant. Source: L. 29: p. 439, � 11. CSA: C. 101, � 61. CRS 53: � 86-5-11. C.R.S. 1963: � 86-5-11.

This article shall be known and may be cited as the Uniform Federal Lien Registration Act. Source: L. 69: R&RE, p. 694, � 1. C.R.S. 1963: � 86-6-1. L. 88: Entire section amended, p. 1255, � 1, effective July 1.

This article applies only to federal tax liens and to other federal liens notices of which under any act of congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens. Source: L. 88: Entire section …

(1) (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this article. (b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting …

Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for the filing or certifying of notice of any other lien,…

(1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to a filing officer who is: (a) The secretary of state, then the secretary of state shall cause the notic…

(1) (a) A fee shall be charged for filing or recording and indexing each notice of lien or certificate or notice affecting the lien: (I) For a lien on real estate; (II) For a lien on tangible and intangible personal property; (III) For a certificate of discharge or subordination;…

Prior to the time of the filing of a notice of lien in the office of the secretary of state or the county clerk and recorder, as the case may be, the lien shall not be valid as against any mortgagee, purchaser, or judgment creditor. Source: L. 69: R&RE, p. 695, � 1. C.R.S. 1963: …

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Source: L. 69: R&RE, p. 695, � 1. C.R.S. 1963: � 86-6-7. L. 88: Entire section amended, p. 1258, � 7, effect…

The word contractor, as used in sections 38-26-101, 38-26-106, and 38-26-107, means any person, copartnership, association of persons, company, or corporation to whom is awarded any contract for the construction, erection, repair, maintenance, or improvement of any building, road…

(1) Whenever any railroad, reservoir, or irrigating canal company contracts with any person or corporation for the construction of its railroad, reservoir, or irrigating canal, or any part thereof, such company shall take from the person or corporation with whom such contract is …

Every laborer, mechanic, ranchman, farmer, merchant, or other person performing any work or labor or furnishing any laborers, materials, ranch or farm products, provisions, goods, or supplies to any contractor or subcontractor in the construction of any railroad, reservoir, or ir…

Whenever any verified account mentioned in section 38-26-103 is placed in the hands of any railroad, reservoir, or irrigating canal company, or its agent, it is the duty of such company to furnish the contractor with a copy of such verified account so that if there is any disagre…

(1) Before entering upon the performance of any work included in the contract, a contractor shall duly execute, deliver to, and file with the board, officer, body, or person by whom the contract was awarded a good and sufficient bond or other acceptable surety approved by the con…

(1) Any person, as defined in section 2-4-401 (8), C.R.S., that has furnished labor, materials, sustenance, or other supplies used or consumed by a contractor or his or her subcontractor in or about the performance of the work contracted to be done or that supplies laborers, rent…

(1) Whenever a verified statement of a claim has been filed in accordance with section 38-26-107, the contractor holding the contract against which such statement has been filed, or other person who has an interest in the payments being withheld, by the contracting body that awar…

(1) Any person who files a verified statement of a claim or asserts a claim against a principal or surety that has furnished a bond under this article for an amount greater than the amount due without a reasonable possibility that the amount claimed is due and with the knowledge …

(1) Before a lien is created, every hospital duly licensed by the department of public health and environment, pursuant to part 1 of article 3 of title 25, C.R.S., which furnishes services to any person injured as the result of the negligence or other wrongful acts of another per…

Such lien shall take effect if, prior to any such judgment, settlement, or compromise, a written notice of lien containing the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person alleged to be liable …

Any person, private or corporate, who pays over any money to any such injured person, his attorney, heirs, assigns, or legal representatives against whom there is a lien as provided in this article of which he has received notice as provided in this article is liable to the hospi…

Upon receipt of a written request mailed by certified mail, return receipt requested, from any person notified of such lien in accordance with the provisions of section 38-27-102, such hospital shall, within ten days after receipt of such request, furnish such person with an item…

Any party claiming a lien under the provisions of this article may assign, in writing, his claim and lien to any other party, who shall thereafter have all the rights and remedies of the assignor. Source: L. 67: p. 881, � 1. C.R.S. 1963: � 86-8-5.

This article shall apply only to liens for hospital services and care rendered on or after June 12, 1967. Source: L. 67: p. 881, � 2. C.R.S. 1963: � 86-8-6.

Actions for the division and partition of real or personal property or interest therein may be maintained by any person having an interest in such property. Source: L. 49: p. 544, � 1. CSA: C. 122, � 24. CRS 53: � 103-1-1. C.R.S. 1963: � 103-1-1.

All persons having any interest, direct, beneficial, contingent, or otherwise, in such property shall be made parties. Source: L. 49: p. 544, � 2. CSA: C. 122, � 25. CRS 53: � 103-1-2. C.R.S. 1963: � 103-1-2.

The court shall make a complete adjudication of the rights of all parties to such property. Source: L. 49: p. 544, � 3. CSA: C. 122, � 26. CRS 53: � 103-1-3. C.R.S. 1963: � 103-1-3.

The process, practice, and procedure shall be in compliance with the Colorado rules of civil procedure then in effect. Source: L. 49: p. 544, � 4. CSA: C. 122, � 27. CRS 53: � 103-1-4. C.R.S. 1963: � 103-1-4.

Upon the entry of any order for partition, the court shall appoint one or more disinterested commissioners who shall take oath to fairly and impartially make partition of the property in accordance with the decree of court. Such commissioners shall view the property and make part…

The commissioners appointed by the court, with the approval of the court, may divide any lands involved in such action into lots or parcels, streets, and alleys and file a map or plat thereof in compliance with law and applicable ordinances. Source: L. 49: p. 544, � 6. CSA: C. 12…

If the commissioners report and the court finds that partition of the property cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix. Notice of such sale …

The person making such sale shall make report thereof to the court for confirmation, and upon confirmation, the court shall direct the execution of a proper instrument of conveyance to the purchaser. The court shall direct the distribution of the net proceeds of such sale and any…

The court shall fix the compensation of the commissioners and the person making the sale and may order the payment thereof, with costs, expenses, and attorney's fees, out of the proceeds of such sale or make any other order which it deems best for the payment of such compensation…

The court at any time may make such orders as it may deem necessary to promote the ends of justice to completely adjudicate every question and controversy concerning the title, rights, and interest of all persons whether in being or not, known or unknown, and may direct the payme…

This part 1 shall be known and may be cited as the Titles to Manufactured Homes Act. Source: L. 83: Entire article added, p. 1448, � 1, effective June 15. L. 2008: Entire section amended, p. 442, � 1, effective July 1.

As used in this article, unless the context otherwise requires: (1) Authorized agent means the county clerk and recorder in each of the counties of the state, except in the city and county of Denver, and therein the manager of revenue, or such other official of the city and count…

The provisions of this article shall apply to manufactured homes as defined in section 38-29-102 (6). Source: L. 83: Entire article added, p. 1449, � 1, effective June 15.

The director is charged with the duty of administering this part 1. For that purpose he or she is vested with the power to make such reasonable rules, prepare, prescribe, and require the use of such forms, and provide such procedures as may be reasonably necessary or essential to…

The county clerk and recorder in each of the counties of the state, except in the city and county of Denver the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of manufact…

Except as provided in section 38-29-114, no person shall sell or otherwise transfer a manufactured home to a purchaser or transferee thereof without delivering to such purchaser or transferee the certificate of title to such home, duly transferred in the manner prescribed in sect…

(1) In any case under the provisions of this article wherein a person who is entitled to a certificate of title to a manufactured home is required to make formal application to the director therefor, such applicant shall make application upon a form provided by the director in wh…

(1) An application for a certificate of title upon the sale, transfer, or movement into the state of any manufactured home that does not become real property pursuant to section 38-29-114 (2) or section 38-29-117 (6) shall be directed to the director and filed with the authorized…

The director shall use reasonable diligence in ascertaining whether the facts stated in any application and facts contained in other documents submitted to him with said application are true and, in appropriate cases, may require the applicant to furnish other and additional info…

(1) All certificates of title to manufactured homes issued under the provisions of this article shall be subscribed by the director, or by some duly authorized officer or employee in the department in the name, place, and stead of the director, to which shall be affixed the seal …