Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
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. § 38-30-172 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. § 38-31-100.3 Definitions
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As used in this part 1, unless the context otherwise requires: (1) Certificate of death or certified copy thereof means a certificate of death as construed in section 25-2-110 (10) that meets the requirements set forth in section 38-35-112 to be admitted as evidence or a copy of …
Colo. Rev. Stat. § 38-31-101 Joint tenancy expressed in instrument - when
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(1) Except as otherwise provided in subsection (3) of this section and in section 38-31-201, no conveyance or devise of real property to two or more natural persons shall create an estate in joint tenancy in real property unless, in the instrument conveying the real property or i…
Colo. Rev. Stat. § 38-31-102 Proof of death - certificate of death available
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(1) A certificate of death, a verification of death document, or a certified copy thereof, of a person who is a joint tenant may be placed of record with the county clerk and recorder of the county in which the real property affected by the joint tenancy is located, together with…
Colo. Rev. Stat. § 38-31-103 Proof of death - certificate of death unavailable
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If a certificate of death, verification of death document, or a certified copy thereof cannot be procured, an affidavit properly sworn to or affirmed by two or more persons of legal age having personal knowledge of the facts and having no record interest in the real property affe…
Colo. Rev. Stat. § 38-31-104 False swearing or affirming - penalty
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Anyone falsely swearing to or affirming any affidavit provided for in sections 38-31-102 and 38-31-103 is guilty of perjury in the second degree and in addition thereto is liable for damages to any person for any loss consequent on the false swearing or affirming or on the record…
Colo. Rev. Stat. § 38-31-201 Tenancy by the entirety
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(1) No conveyance of real property located in this state executed before or after July 1, 2006, shall create a tenancy by the entirety. (2) A conveyance of real property located in this state executed before July 1, 2006, that purports to create a tenancy by the entirety shall be…
Colo. Rev. Stat. § 38-32-101 Estates may be created
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Estates, rights, and interests in areas above the surface of the ground, whether or not contiguous thereto, may be validly created in persons or corporations other than the owners of the land below such areas and shall be deemed to be estates, rights, and interests in lands. Sour…
Colo. Rev. Stat. § 38-32-102 Estates deemed estates in land
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Estates, rights, and interests in such areas shall pass by descent and distribution in the same manner as estates, rights, and interests in land and may be held, enjoyed, possessed, alienated, conveyed, exchanged, transferred, assigned, demised, released, charged, mortgaged, or o…
Colo. Rev. Stat. § 38-32-103 Rights, incidents, and duties
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All of the rights, privileges, incidents, powers, remedies, burdens, duties, liabilities, and restrictions pertaining to estates, rights, and interests in land shall appertain and be applicable to such estates, rights, and interests in areas above the surface of the ground. Sourc…
Colo. Rev. Stat. § 38-32-104 Laws on land applicable
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The provisions of articles 30 to 44 of this title and of any other law of this state shall be applicable to estates, rights, and interests created in areas above the surface of the ground and to instruments creating, disposing of, or otherwise affecting such estates, rights, and …
Colo. Rev. Stat. § 38-32-105 Estates affected
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The provisions of this article shall be applicable to such estates, rights, and interests created in areas above the surface of the ground, whether such estates, rights, and interests were created prior to or after March 12, 1953. Source: L. 53: p. 203, � 5. CRS 53: � 118-12-5. C…
Colo. Rev. Stat. § 38-33-101 Short title
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This article shall be known and may be cited as the Condominium Ownership Act. Source: L. 63: p. 782, � 1. C.R.S. 1963: � 118-15-1.
Colo. Rev. Stat. § 38-33-102 Condominium ownership recognized
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Condominium ownership of real property is recognized in this state. Whether created before or after April 30, 1963, such ownership shall be deemed to consist of a separate estate in an individual air space unit of a multiunit property together with an undivided interest in common…
Colo. Rev. Stat. § 38-33-103 Definitions
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As used in this article, unless the context otherwise requires: (1) Condominium unit means an individual air space unit together with the interest in the common elements appurtenant to such unit. (2) Declaration is an instrument recorded pursuant to section 38-33-105 and which de…
Colo. Rev. Stat. § 38-33-104 Assessment of condominium ownership
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Whenever condominium ownership of real property is created or separate assessment of condominium units is desired, a written notice thereof shall be delivered to the assessor of the county in which said real property is situated, which notice shall set forth descriptions of the c…
Colo. Rev. Stat. § 38-33-105 Recording of declaration - certain rules and laws to apply
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(1) The declaration shall be recorded in the county where the condominium property is located. Such declaration shall provide for the filing for record of a map properly locating condominium units. Any instrument affecting the condominium unit may legally describe it by the ident…
Colo. Rev. Stat. § 38-33-105.5 Contents of declaration
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(1) The declaration shall contain: (a) The name of the condominium property, which shall include the word condominium or be followed by the words a condominium; (b) The name of every county in which any part of the condominium property is situated; (c) A legally sufficient descri…
Colo. Rev. Stat. § 38-33-106 Condominium bylaws - contents - exemptions
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(1) Unless exempted, the administration and operation of multiunit condominiums shall be governed by the declaration. (2) At or before the execution of a contract for sale and, if none, before closing, every initial bona fide condominium unit buyer shall be provided by the seller…
Colo. Rev. Stat. § 38-33-108 Violations - penalty
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Any person who knowingly and willfully violates the provisions of section 38-33-106 or 38-33-107 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars. Source: L. 75: Entire section added, p. 1434, � 1, effectiv…
Colo. Rev. Stat. § 38-33-109 Unit owners' liability
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In any suit or arbitration against a condominium unit owners' association wherein damages are awarded or settlement is made, the individual unit owner's liability in his capacity as a percentage owner of the general or limited common elements or as a member of the condominium ass…
Colo. Rev. Stat. § 38-33-110 Time-sharing - definitions
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As used in this section and section 38-33-111, unless the context otherwise requires: (1) (a) Interval estate means a combination of: (I) An estate for years terminating on a date certain, during which years title to a time share unit circulates among the interval owners in accor…
Colo. Rev. Stat. § 38-33-111 Special provisions applicable to time share ownership
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(1) No time share estates shall be created with respect to any condominium unit except pursuant to provisions in the project instruments expressly permitting the creation of such estates. Each time share estate shall constitute for all purposes an estate or interest in real prope…
Colo. Rev. Stat. § 38-33-112 Notification to residential tenants
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(1) A developer who converts an existing multiple-unit dwelling into condominium units, upon recording of the declaration as required by section 38-33-105, shall notify each residential tenant of the dwelling of such conversion. (2) Such notice shall be in writing and shall be se…
Colo. Rev. Stat. § 38-33-113 License to sell condominiums and time shares
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The general assembly hereby finds and declares that the licensing of persons to sell condominiums and time shares is a matter of statewide concern. Source: L. 83: Entire section added, p. 594, � 5, effective May 25. Cross references: For the licensing of real estate brokers and s…
Colo. Rev. Stat. § 38-34-101 General policy regarding titles
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It is the purpose and intention of this article and article 35, part 2 of article 39, and part 1 of article 41 of this title to render titles to real property and every interest therein more secure and marketable, and it is declared to be the policy in this state that this articl…
Colo. Rev. Stat. § 38-34-102 Official name as part of signature
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Where, from the body of an instrument, it is apparent that a person is conveying or is acting in some official or representative capacity and the signature to the instrument omits the statement of the official or representative capacity, it shall be presumed that the official or …
Colo. Rev. Stat. § 38-34-103 Building or use restrictions strictly construed
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Building restrictions and all restrictions as to the use or occupancy of real property shall be strictly construed, and restrictions which provide for the forfeiture or defeasance of title to or an interest in real property because of the violation of the restrictions on other re…
Colo. Rev. Stat. § 38-34-104 Death of trustee
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Upon the death of a sole trustee or the surviving trustee of an express trust created by any written instrument affecting title to real property, the trust shall not descend to the heirs of such trustee nor pass to his personal representative, but the trust if then unexecuted sha…
Colo. Rev. Stat. § 38-34-105 When deed transferred before formation - definitions
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(1) If a grantee described in a deed as an entity has not been formed at the time of the delivery of the deed to the grantee, the title to the real property described in the deed vests in the grantee when the entity is formed, and no other instrument of conveyance is required. (2…
Colo. Rev. Stat. § 38-34-106 When corporate existence expires
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When the corporate existence of any corporation having an interest in real property expires and there is an attempted renewal or extension of its corporate existence either within the time provided for by law or thereafter, a conveyance thereafter by such purported corporation ve…
Colo. Rev. Stat. § 38-35-101 Acknowledgments - form - prima facie evidence
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(1) No officer authorized to take acknowledgments of instruments affecting title to real property shall take or certify such acknowledgments unless the person making the same is personally known to such officer to be the identical person he represents himself to be or is proved t…
Colo. Rev. Stat. § 38-35-102 When unacknowledged instruments prima facie evidence
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(1) When an instrument, which by its terms constitutes a promise or obligation for the payment of money and also by its terms gives or creates or purports to give or to create a lien upon real estate as security for the payment of such money, at the time that such instrument has …
Colo. Rev. Stat. § 38-35-103 Acknowledgment before notary
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In addition to the officers empowered by law to take acknowledgments within or without the United States, deeds and other instruments in writing may be acknowledged before any notary public having a notarial seal. Source: L. 27: p. 587, � 2. CSA: C. 40, � 108. CRS 53: � 118-6-3. …
Colo. Rev. Stat. § 38-35-104 Acknowledged instruments as evidence
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All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting the title to real property, acknowledged or proved in accordance with this article or acknowledged, attested, or proved in accordance with the laws of this state or the…
Colo. Rev. Stat. § 38-35-105 Foreign instruments, prima facie evidence
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All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property in this state purporting to have been acknowledged or proved out of this state before a notary public or other officer empowered by the laws of t…
Colo. Rev. Stat. § 38-35-107 Recitals in deeds prima facie evidence - when
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All recitals contained in deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property that have remained of record in the office of the county clerk and recorder of the county where the real property affected …
Colo. Rev. Stat. § 38-35-110 Lis pendens as notice - issuance of certificate - expiration
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(1) After filing any pleading in an action in any court of record of this state or in any district court of the United States within this state wherein relief is claimed affecting the title to real property, any party to such action may record in the office of the county clerk an…
Colo. Rev. Stat. § 38-35-111 Option to purchase - notice for one year only
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(1) Recorded instruments in writing of the nature of an option to purchase affecting title to real property under the terms of which instruments possession is not delivered to the purchaser shall not constitute notice to any person for a period of more than one year after the tim…
Colo. Rev. Stat. § 38-35-114 Actions - parties to be named
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No person claiming any interest in real property under or through a person named as a defendant in an action concerning real property to which the Colorado rules of civil procedure are applicable need be made a party to such action unless his interest is shown of record in the of…
Colo. Rev. Stat. § 38-35-117 Mortgages, not a conveyance - lien theory
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Mortgages, trust deeds, or other instruments intended to secure the payment of an obligation affecting title to or an interest in real property shall not be deemed a conveyance, regardless of its terms, so as to enable the owner of the obligation secured to recover possession of …
Colo. Rev. Stat. § 38-35-118 Homestead, how conveyed - claimant insane
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(1) Except as provided in section 38-41-202 (3), to convey or encumber homesteaded property, the husband and wife, if the owner thereof is married, shall execute the conveyance or encumbrance. Such conveyance or encumbrance may be by one instrument or separate instruments which m…
Colo. Rev. Stat. § 38-35-119 Release not a conveyance
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All instruments executed for the purpose of releasing any lien or encumbrance against real property shall be considered only as discharging and canceling such lien or encumbrance. No such release shall convey to any person, except the record owner of the property, any right, titl…
Colo. Rev. Stat. § 38-35-120 Record of first and last parcels includes intervening parcels
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All instruments wherein the parcels of property affected are not separately enumerated or listed but are described as being from one numbered, lettered, or designated parcel to another shall be construed as including the first and last designated parcels and also the intervening …
Colo. Rev. Stat. § 38-35-123 Liens - notice - current address
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(1) Any instrument which creates a lien on real property, except mechanics' liens, when recorded in the office of the county clerk and recorder of the county where such real property is situated shall include on its face the current mailing address of the lienor and lienee when s…
Colo. Rev. Stat. § 38-35-124 Requirements upon satisfaction of indebtedness
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(1) Except as provided in articles 22 and 23 of this title or as otherwise provided in this section, when all indebtedness, whether absolute or contingent, secured by a lien on real property has been satisfied, unless the debtor requests in writing that the lien not be released, …
Colo. Rev. Stat. § 38-35-124.5 Effect of written payoff statement
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(1) Any person or entity providing closing and settlement services for a real estate transaction and to whom a payoff statement is addressed shall be entitled to reasonably rely on the amounts that are set forth in such payoff statement for the time frame set forth therein and sh…
Colo. Rev. Stat. § 38-35-126 Contract for deed - escrow of tax moneys - written notice
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(1) (a) Parties entering into a contract for deed to real property shall designate the public trustee of the county where the real property is located to act as escrow agent for moneys paid or to be paid by the purchaser to meet the property tax obligations on the real property, …
Colo. Rev. Stat. § 38-35-201 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Federal official or employee means an appointed or elected official or any employee of the government of the United States of America or of any agency of such government as defined for purposes of the Federal Tort…