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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. § 38-33-112 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.
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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Showing 651–700 of 1,193

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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. § 38-35-106 Deeds - acknowledgment, absent or defective - notice - deemed proper, when

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(1) Any written instrument required or permitted to be acknowledged affecting title to real property, whether acknowledged, unacknowledged, or defectively acknowledged, after being recorded in the office of the county clerk and recorder of the county where the real property is si…

Colo. Rev. Stat. § 38-35-106.5 Written instruments - information regarding property description

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Except as otherwise provided in this article, any deed, power of attorney, agreement, or other instrument in writing executed and recorded on or after July 1, 1992, which contains a newly created legal description of real property shall include the name and address of the person …

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. § 38-35-108 Reference to some other instrument affects only the parties thereto

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When a deed or any other instrument in writing affecting title to real property has been recorded and such deed or other instrument contains a recitation of or reference to some other instrument purporting to affect title to said real property, such recitation or reference shall …

Colo. Rev. Stat. § 38-35-109 Instrument may be recorded - validity of unrecorded instruments - liability for fraudulent documents

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(1) All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting the title to real property, certificates, and certified copies of orders, judgments, and decrees of courts of record may be recorded in the office of the county cle…

Colo. Rev. Stat. § 38-35-109.5 Recording of instruments conveying real property to public entities

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(1) Any instrument, including, but not limited to, a resolution, ordinance, deed, conveyance document, plat, or survey, conveying the title of real property to the state or a political subdivision shall be recorded in the office of the clerk and recorder of the county in which su…

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. § 38-35-112 Certificate of death when properly recorded may be admitted as evidence

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A certificate of death or a verification of death document issued by a public official, whose apparent official duties include the keeping of records of death, of any state, territory, county, parish, district, city, town, village, province, nation, or other governmental agency o…

Colo. Rev. Stat. § 38-35-113 Affidavits referring to death, intestacy, heirship, accepted as prima facie evidence

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All statements relating to death, intestacy, heirship, relationship, age, sex, names, and identity of persons contained in affidavits which remain of record for a period of twenty years in the office of the county clerk and recorder of the county where the real property affected …

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. § 38-35-115 Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment

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When, by statute in effect at the time of the execution by an executor, trustee, or other representative appointed by a court or tribunal of a state other than Colorado or of a territory of the United States or of a country beyond the limits of the United States of an instrument …

Colo. Rev. Stat. § 38-35-116 Variances in names in instruments affecting the title to real property

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(1) (a) The middle name or the initial of a middle name appearing in a name contained in an instrument affecting the title to real property or in a signature or an acknowledgment shall be deemed prima facie to be a material part of such name. (b) One or more of the following vari…

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. § 38-35-121 Conveyance or reservation of a mineral interest - geothermal resources

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As respects instruments executed prior to May 17, 1974, which convey title to real property or an interest therein, it shall be presumed that reference to minerals or mineral rights does not include geothermal resources unless geothermal resources are specifically mentioned. As r…

Colo. Rev. Stat. § 38-35-122 Inclusion of street address and assessor information with legal description - effect - validity of recording - interests in property - legislative declaration

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(1) (a) All documents of title relating to real property, including instruments creating a lien on real property, except mechanics' liens and judgment liens, shall include as an aid to identification, immediately preceding or following the legal description of the property, the s…

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. § 38-35-125 Closing and settlement services - disbursement of funds - deceptive trade practice - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Available for immediate withdrawal as a matter of right" includes funds transferred by any of the following means: (I) A wire transfer made through a funds-transfer service operated by the federal reserve or…

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. § 38-35-127 Unenforceability of prospective residential transfer fee covenants - notice requirements for existing residential transfer fee covenants - written statement of transfer fee payable - affidavit - legislative declaration - definitions

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(1) The general assembly hereby finds, determines, and declares that: (a) The public policy of this state favors the transferability and marketability of interests in residential real property free from unreasonable restraints on alienation and covenants or servitudes that do not…

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 T…

Colo. Rev. Stat. § 38-35-202 Recording or filing

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(1) Any state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state, may accept or reject for recording or filing any document that the state or local official or employee reasonably believes in good f…

Colo. Rev. Stat. § 38-35-203 Action to enforce

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(1) No spurious lien or spurious document shall hold or affect any real or personal property longer than thirty-five days after the lien or document has been recorded or filed in the office of any state or local official or employee, including the office of the clerk and recorder…

Colo. Rev. Stat. § 38-35-204 Order to show cause

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(1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed…

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 application of ) ....…

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…