Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
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 is…
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. § 38-30-115 Deeds - bargain and sale - special warranty. (Repealed)
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Source: L. 17: p. 160, � 2. C.L. � 4880. CSA: C. 40, � 12. CRS 53: � 118-1-15. C.R.S. 1963: � 118-1-15. L. 2019: Entire section repealed, (HB 19-1098), ch. 18, p. 68, � 4, effective March 7.
Colo. Rev. Stat. § 38-30-116 Deeds - quitclaim. (Repealed)
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Source: L. 17: p. 160, � 3. C.L. � 4881. CSA: C. 40, � 13. CRS 53: � 118-1-16. C.R.S. 1963: � 118-1-16. L. 2019: Entire section repealed, (HB 19-1098), ch. 18, p. 68, � 5, effective March 7.
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. § 38-30-123 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. Cross references: For fees allowable …
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. § 38-30-137 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. Cross references: For filing and recording fees chargeab…
Colo. Rev. Stat. § 38-30-139 Photographic copies deemed recording. (Repealed)
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Source: L. 17: p. 400, � 1. C.L. � 4904. CSA: C. 40, � 35. CRS 53: � 118-1-39. C.R.S. 1963: � 118-1-39. L. 96: Entire section repealed, p. 1561, � 13, effective July 1.
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, � …
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 shall b…
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. § 38-30-160 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. § 38-30-162 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. § 38-30-166 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 …