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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

1,193 sections·Filtered byTitle 38✕

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" s…

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. § 38-30-157 Same use prohibition or restriction repeated in subsequent instruments taking effect on or after January 1, 1966 - exception

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(1) If any inter vivos instrument taking effect on or after January 1, 1966, or if the will of any testator dying on or after such date, or if any appointment made on or after such date, including an appointment by inter vivos instrument or will under a power created before such …

Colo. Rev. Stat. § 38-30-158 Record notice required for same use prohibition or restriction repeated in subsequent instruments taking effect prior to January 1, 1966 - exception - affidavit as to ownership and possession

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(1) If any inter vivos instrument taking effect prior to January 1, 1966, or if the will of any testator dying prior to such date, or if any appointment made prior to such date, including an appointment by inter vivos instrument or will, purports to convey or devise any interest …

Colo. Rev. Stat. § 38-30-159 Who may record notice of intention to claim possibility of reverter or right of entry

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(1) The notice of claim required by section 38-30-158 that a new special limitation and possibility of reverter or a new condition subsequent and right of entry were created shall be duly verified on oath and shall be filed for record in the office of the county clerk and recorde…

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. § 38-30-161 Use prohibition or restriction affecting less or more real property - more or fewer use prohibitions or restrictions

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For purposes of sections 38-30-157 to 38-30-164, every inter vivos instrument and every will and every appointment shall be considered as purporting to prohibit or restrict a use of an interest in real property which has been previously prohibited or restricted notwithstanding th…

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. § 38-30-165 Unreasonable restraints on the alienation of property - prohibited practices

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(1) Subject to the limitations and exceptions as provided in this section, any person with a security interest in real estate shall not, directly or indirectly: (a) Accelerate or mature the indebtedness secured by such real estate on account of the sale or transfer of such real e…

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 …

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. § 38-30-168 Unreasonable restrictions on renewable energy generation devices or fire-hardened building materials - definitions

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(1) (a) A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a renewable energy gener…

Colo. Rev. Stat. § 38-30-169 Instruments of conveyance - removal of void and unenforceable restrictive covenants which are based upon race or religion

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(1) Any attorney, title insurance company, or title insurance agent authorized to do business in this state may remove by recording a new instrument any restrictive covenants which are based upon race or religion, or reference thereto, which are contained in any deed, contract, s…

Colo. Rev. Stat. § 38-30-170 Private restrictive covenants - modification - exception - procedures

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(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), any private restrictive covenants which are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States may be modifi…

Colo. Rev. Stat. § 38-30-171 Survival of remedies and title to corporate property after dissolution

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(1) This section shall apply to corporations for profit that were both formed under the laws of this state and dissolved before July 1, 1994. (2) The dissolution of a corporation shall not eliminate or impair any remedy available to or against the corporation or its directors, of…

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. § 38-30-173 Survival of remedies and title to corporate property after dissolution - nonprofit corporations

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(1) This section shall apply to nonprofit corporations that were dissolved before July 1, 1998, and either formed under articles 20 to 29 of title 7, C.R.S., or elected or could have elected to accept such articles as set forth in articles 20 to 29 of title 7, C.R.S.; except that…

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 o…

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. ANNOTATION Law reviews. For article, "Rights of First Refusal in Condominium Documents", see 11 Colo. Law. 389 (1982). For symposium on condominiu…

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 whic…

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 de…

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. § 38-33-107 Records of receipts and expenditures - availability for examination

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The manager or board of managers, as the case may be, shall keep detailed, accurate records of the receipts and expenditures affecting the general and limited common elements. Such records authorizing the payments shall be available for examination by the unit owners at convenien…

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 acc…

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…