Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-43-103 Contents of complaint
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The complaint shall describe the property sought to be leased with reasonable certainty and, insofar as it is known to the plaintiff or as can be ascertained with reasonable diligence, shall set forth the names of all persons interested in such property together with their respec…
Colo. Rev. Stat. § 38-43-104 Private or public sale of lease
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The court, after a hearing, may thereupon by order approve the leasing of said property by private contract with the proposed lessee and shall appoint a trustee, as provided in this article, and direct such trustee to execute such lease on the form proposed or such form as is sat…
Colo. Rev. Stat. § 38-43-105 Terms of lease: Pooling and unitization
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Any lease which covers minerals or natural resources other than oil or gas or related hydrocarbons shall be for such term and contain such provisions as may be approved by the court. A lease which specifically covers oil and gas and which may also cover other minerals may be for …
Colo. Rev. Stat. § 38-43-107 Title of purchaser
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Where any lease has been executed under the provisions of this article, the title of the lessee under such lease shall be indefeasible by any party to the suit, or by any person who was virtually represented therein by any party to the suit, or by any person who was not in being …
Colo. Rev. Stat. § 38-43-108 Disposition of proceeds
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The proceeds of sale, and the reversion subject to any such lease for the development of minerals, including oil, gas, and other natural resources, or any of them, together with the proceeds, rentals, and royalties accruing from any such lease, shall, in all respects, be substitu…
Colo. Rev. Stat. § 38-43-109 Remedies herein provided cumulative, contracts and options
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The rights, powers, authorities, and remedies provided for in this article shall be cumulative and in addition to other existing rights, powers, authorities, and remedies. Any executor, trustee, or other fiduciary or attorney-in-fact having express or implied powers to execute le…
Colo. Rev. Stat. § 38-44-101 When action may be brought
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When one or more owners of land, the corners and boundaries of which are lost, destroyed, or in dispute, desire to have the same established, they may bring an action in the district court of the county where such lost, disputed, or destroyed corners or boundaries or parts thereo…
Colo. Rev. Stat. § 38-44-102 Notice
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Notice of such action shall be given as in other cases and if the defendants or any of them are nonresidents of the state, or unknown, they may be served by publication as provided by law. Source: L. 07: p. 287, � 2. Code 08: � 298. Code 21: � 299. Code 35: � 299. CRS 53: � 118-1…
Colo. Rev. Stat. § 38-44-103 Pleadings - trial of issues
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The action shall be a civil action, and the only necessary pleadings therein shall be the petition of plaintiff describing the land involved and, insofar as may be, the interest of the respective party and asking that certain corners and boundaries therein described, as accuratel…
Colo. Rev. Stat. § 38-44-104 Commissioners - county surveyor
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The court in which said action is brought may appoint the county surveyor or, if there is no county surveyor or if the court deems it in the best interest of the parties, shall appoint a commission of one or more disinterested surveyors who, at a date and place fixed by the court…
Colo. Rev. Stat. § 38-44-105 Oath or affirmation - assistants
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The commissioners so appointed shall take an oath or affirmation in accordance with section 24-12-101 and shall have power to appoint all necessary assistants. Source: L. 07: p. 287, � 5. Code 08: � 301. Code 21: � 302. Code 35: � 302. CRS 53: � 118-11-5. C.R.S. 1963: � 118-11-5.…
Colo. Rev. Stat. § 38-44-106 Hearing
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At the time and in the manner specified in the order of court, the commission shall proceed to locate said boundaries and corners and for that purpose may take the testimony of witnesses as to where the true boundaries and corners are located; and, when so ascertained, the commis…
Colo. Rev. Stat. § 38-44-107 Adjournments and report
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The proceedings may be adjourned by the commission from time to time as may be necessary, but the survey and location of the corners and boundaries must be complete and the report thereof filed with the clerk of the court at least ten days before the first day of the term next fo…
Colo. Rev. Stat. § 38-44-108 Exceptions - hearing
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At the term of court after such report is filed, any party interested may file exceptions thereto within ten days from the date the report is filed with the clerk, but if in term time, then within three days after the same is filed, and the court shall hear and determine them, he…
Colo. Rev. Stat. § 38-44-109 Corners and boundaries established
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The corners and boundaries finally established by the court in proceedings under this article, or an appeal therefrom, shall be binding upon all the parties, their heirs and assigns, as the corners and boundaries that have been lost, destroyed, or in dispute; but if it is found t…
Colo. Rev. Stat. § 38-44-110 Appeal
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There shall be no appeal in such proceedings, except from final judgment of the court taken in the manner that other appeals are taken, and no appeal shall be taken after three months from the final order of the court. Source: L. 07: p. 288, � 10. Code 08: � 306. Code 21: � 307. …
Colo. Rev. Stat. § 38-44-111 Costs
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The costs in the proceedings shall be taxed as the court thinks just and shall be a lien on the land or interest therein owned by the party or parties against whom they are taxed insofar as such lands are involved in the proceedings. Source: L. 07: p. 288, � 11. Code 08: � 307. C…
Colo. Rev. Stat. § 38-44-112 Agreements
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Any uncertain line, uncertain corner, or uncertain boundary of an existing parcel of land that is recorded in the real estate records in the office of the clerk and recorder for the county where the land is located and that is in dispute may be determined and permanently establis…
Colo. Rev. Stat. § 38-44-113 Establishment of boundary corner
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The establishment of a boundary corner through acquiescence confirmed by a court of competent jurisdiction, or by written agreement pursuant to section 38-44-112, shall not alter the location or validity of any existing or properly restored public land survey monument in the vici…
Colo. Rev. Stat. § 38-45-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Carbon monoxide alarm means a device that detects carbon monoxide and that: (a) Produces a distinct, audible alarm; (b) Is listed by a nationally recognized, independent product-safety testing and certification l…
Colo. Rev. Stat. § 38-45-102 Carbon monoxide alarms in single-family dwellings - rules
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(1) (a) Notwithstanding any other provision of law, the seller of each existing single-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an operational carbon mono…
Colo. Rev. Stat. § 38-45-103 Carbon monoxide alarms in multi-family dwellings - rules
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(1) (a) Notwithstanding any other provision of law, the seller of every dwelling unit of an existing multi-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an ope…
Colo. Rev. Stat. § 38-45-104 Carbon monoxide alarms in rental properties
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(1) Except as provided in subsection (5) of this section, any single-family dwelling or dwelling unit in a multi-family dwelling used for rental purposes and that includes fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, …
Colo. Rev. Stat. § 38-45-106 Limitation of liability
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(1) No person shall have a claim for relief against a property owner, an authorized agent of a property owner, a person in possession of real property, or an installer for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if the pr…
Colo. Rev. Stat. § 38-46-101 Definitions
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As used in this article 46, unless the context otherwise requires: (1) Contract means a contract to construct, alter, or repair a structure on or improvement on real property. (2) Contractor means a person that is a party to a contract with a property owner. (3) Property owner me…
Colo. Rev. Stat. § 38-46-102 Applicability of article
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(1) Except as provided in subsection (2) of this section, this article 46 applies to: (a) A contract that: (I) Has a price of at least one hundred fifty thousand dollars; and (II) Is made between a property owner and a contractor; (b) A subcontract to a contract described in subs…
Colo. Rev. Stat. § 38-46-104 Lien waivers
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To receive payment under this article 46, the recipient of the payment must provide an executed lien waiver for amounts actually paid if required by the contract, subcontract, or supply agreement. Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 861, � 1, effectiv…
Colo. Rev. Stat. § 38-50-102 Public records - original field notes and plats
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(1) The board of county commissioners for each county is authorized to employ some competent person, at the expense of the county, to make copies of the original field notes and plats of surveys of all lands surveyed or to be surveyed after March 14, 1877, by the officers appoint…
Colo. Rev. Stat. § 38-50-103 Public records - monument records
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(1) The state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-120-103, shall employ personnel at the expense of such board's licensed professional land surveyors to maintain a record-keeping and indexing system for…
Colo. Rev. Stat. § 38-51-101 Applicability - state - county - local - persons
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The provisions of this article shall apply to all agencies of state, county, and local government as well as to individuals, corporations, and partnerships engaged in the private practice of land surveying. This article shall not apply to the location or relocation of mining clai…
Colo. Rev. Stat. § 38-51-102 Definitions
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As used in this article 51, unless the context otherwise requires: (1) Accessory means any physical evidence in the vicinity of a survey monument, the relative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories sha…
Colo. Rev. Stat. § 38-51-103 Procedure for subdividing section
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(1) Whenever a professional land surveyor conducts a survey for the purpose of locating a parcel of land which is described in terms of the nomenclature of the public land survey system, such professional land surveyor shall proceed according to the applicable rules contained in …
Colo. Rev. Stat. § 38-51-104 Monumentation of land surveys
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(1) (a) The corners of lots, tracts, other parcels of land, aliquot corners not described in subsection (4) of this section, and any line points or reference points which are set to perpetuate the location of any land boundary or easement shall, when established on the ground by …
Colo. Rev. Stat. § 38-51-105 Monumentation of subdivisions
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(1) (a) Prior to recording a plat, the external boundaries of any platted subdivisions shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground. (b) A durable cap bearing the license number of the professional land surveyor responsible fo…
Colo. Rev. Stat. § 38-51-106 Land survey plats
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(1) All land survey plats shall include but shall not be limited to the following: (a) A scale drawing of the boundaries of the land parcel; (b) (I) All recorded and apparent rights-of-way and easements, and, if research for recorded rights-of-way and easements is done by someone…
Colo. Rev. Stat. § 38-51-107 Required plats
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(1) Every professional land surveyor who accepts a monument while performing a monumented land survey shall prepare and deposit a plat if such monument is not of record either in the clerk and recorder's office of the county in which the monument lies or in the public office desi…
Colo. Rev. Stat. § 38-51-108 Improvement location certificate
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(1) A professional land surveyor may prepare an improvement location certificate for the use of a specific client based upon the professional land surveyor's general knowledge of land boundaries and monuments in a given area whether or not the client is the owner or buyer; except…
Colo. Rev. Stat. § 38-51-109 Unlawful sale
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(1) It is unlawful for any person to offer to sell, to sell, or otherwise to receive remuneration for any map or plat which purports to be a survey map or plat unless such map or plat conforms with the standards, requirements, and terminology of the provisions of this article. (2…
Colo. Rev. Stat. § 38-51-110 Violations
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(1) It is the responsibility of the district attorneys of this state to prosecute any person suspected of willfully and knowingly violating this article. (2) Any person, including the responsible official of any agency of state, county, or local government, who willfully and know…
Colo. Rev. Stat. § 38-51-111 Surveyor's affidavit of correction
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(1) If an error described in subsection (2) of this section is discovered on any subdivision plat, land survey plat, or any other survey plat or parcel description duly recorded in the clerk and recorder's office of the county in which the subdivision, land, or parcel is situated…
Colo. Rev. Stat. § 38-52-101 Colorado coordinate system zones defined
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(1) The systems of plane coordinates which have been established by the national ocean service/national geodetic survey (formerly the United States coast and geodetic survey) or its successors for defining and stating the geographic positions or locations of points on the surface…
Colo. Rev. Stat. § 38-52-102 Colorado coordinate system names defined
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(1) As established for use in the north zone, the Colorado coordinate system of 1927 or the Colorado coordinate system of 1983 shall be named; and, in any land description in which it is used, it shall be designated the Colorado coordinate system of 1927 north zone or the Colorad…
Colo. Rev. Stat. § 38-52-103 Colorado coordinate system defined
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(1) The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of two distances expressed in United States survey feet and decimals of a foot when using th…
Colo. Rev. Stat. § 38-52-105 Colorado coordinate system origins defined
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(1) For the purposes of more precisely defining the Colorado coordinate system of 1927, the following definitions by the United States coast and geodetic survey (now the national ocean survey/national geodetic survey) are adopted: (a) The Colorado coordinate system of 1927 north …
Colo. Rev. Stat. § 38-52-106 Colorado coordinate system - use of term
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The use of the term Colorado coordinate system of 1927 north zone, central zone, or south zone or Colorado coordinate system of 1983 north zone, central zone, or south zone on any map, report of survey, or other document shall be limited to coordinates based on the Colorado coord…
Colo. Rev. Stat. § 38-52-106.5 State plane coordinate system updates
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(1) Notwithstanding any provision in this article 52 to the contrary, except as set forth in section 38-52-104, a person may use the most recent or a prior version of the state plane coordinate system established by the national geodetic survey or its successor organization to st…
Colo. Rev. Stat. § 38-52-107 Severability
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If any provision of this article is declared invalid, such invalidity shall not affect any other portion of this article, which can be given effect without the invalid provision; and, to this end, the provisions of this article are declared severable. Source: L. 88: Entire articl…
Colo. Rev. Stat. § 38-53-101 Legislative declaration
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It is hereby declared to be a public policy of this state to encourage the establishment and preservation of accurate land boundaries, including durable monuments and complete public records, and to minimize the occurrence of land boundary disputes and discrepancies. Source: L. 9…
Colo. Rev. Stat. § 38-53-102 Applicability - state - county - local - persons
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The provisions of this article shall apply to all agencies of state, county, and local government as well as to individuals, corporations, and partnerships engaged in the private practice of land surveying. Source: L. 94: Entire article R&RE, p. 1522, � 48, effective July 1. Edit…
Colo. Rev. Stat. § 38-53-103 Definitions
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As used in this article 53, unless the context otherwise requires: (1) Accessory means any physical evidence in the vicinity of a survey monument, the relative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories sha…