reglab/housing_qa huggingface dataset:
CO Code § 38-30-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-110. Rule Against Perpetuities Inapplicable to Cemetery Trusts

  Any gifts, bequests, transfers, grants, or conveyances of real or personal property by any one person in trust amounting to not more than twenty-five thousand dollars in value in the aggregate at the time of the creation of such trusts, the income of which is to be used exclusively for the purpose of creating, maintaining, or caring for any graves, tombs, mausoleums, grave markers or monuments, burial places, grave sites, cemetery plots, or graveyards and payment of reasonable compensation to the trustee, shall be good, valid, and enforceable regardless of the time such trusts continue. The rule or law against perpetuities shall have no application to any such part of any such trusts as are not more than twenty-five thousand dollars in value at the time of the creation of such trusts.    Nothing in this section shall be deemed to detract from the validity of any payment, gift, or bequest in consideration of an agreement of a cemetery relating to care and maintenance, or any trust or other agreement entered into by a cemetery in aid or furtherance of any promise of such cemetery relative to the maintenance thereof, or of any grave, tomb, mausoleum, grave marker or monument, burial place, grave site, or cemetery plot therein.     History. Source: L. 43: P. 222, §§ 1, 2. CSA: C. 40, § 9(1). CRS 53: § 118-1-10. C.R.S. 1963: § 118-1-10. History. Source: L. 43: P. 222, §§ 1, 2. CSA: C. 40, § 9(1). CRS 53: § 118-1-10. C.R.S. 1963: § 118-1-10.
CO Code § 38-30-111 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-111. Rule Against Perpetuities Inapplicable to Employees' Pension Trusts

 No trust created by an employer as a part of a pension, stock bonus, disability, death benefit, or profit-sharing plan for the exclusive benefit of some or all of his employees or their beneficiaries, to which contributions are made by such employer or employees, or by both employer and employees, for the purpose of distributing to such employees or their beneficiaries the earnings or principal, or both earnings and principal, of such trust, is invalid by reason of any existing law or rule against perpetuities or accumulations or suspension of the power of alienation; but such trust may continue for such time as may be necessary to accomplish the purposes for which it may be created.   History. Source: L. 51: P. 805, § 1. CSA: C. 40, § 9(2). CRS 53: § 118-1-11. C.R.S. 1963: § 118-1-11. History. Source: L. 51: P. 805, § 1. CSA: C. 40, § 9(2). CRS 53: § 118-1-11. C.R.S. 1963: § 118-1-11.
CO Code § 38-30-112 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-112. Rule Against Perpetuities Inapplicable to Existing Trusts

 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 or suspension of the power of alienation, shall be instituted.   History. Source: L. 51: P. 805, § 2. CSA: C. 40, § 9(3). CRS 53: § 118-1-12. C.R.S. 1963: § 118-1-12. History. Source: L. 51: P. 805, § 2. CSA: C. 40, § 9(3). CRS 53: § 118-1-12. C.R.S. 1963: § 118-1-12.
CO Code § 38-30-113.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-113.5. Beneficiary Deeds

 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.   History. Source: L. 2004: Entire section added, p. 734, § 4, effective August 4.
CO Code § 38-30-114 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-114. Validation of Acknowledgments

 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 presumption provided for by said section 38-35-101 .   History. Source: L. 47: P. 354, § 2. CSA: C. 40, § 11(1). CRS 53: § 118-1-14. C.R.S. 1963: § 118-1-14. History. Source: L. 47: P. 354, § 2. CSA: C. 40, § 11(1). CRS 53: § 118-1-14. C.R.S. 1963: § 118-1-14.
CO Code § 38-30-116.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-116.5. Preparation of Deeds - Definition

  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).    A deed prepared by a licensed title insurance entity containing a covenant of warranty as provided in section 38-30-113 (1)(a) or (1)(b) must:   Include a limitation on the warranty of title pursuant to section 38-30-113 (4)(a); and    Use the words “subject to statutory exceptions” and no other terms or descriptions, unless the preparing licensed title insurance entity is otherwise instructed in writing by both:   The grantor or an authorized agent for the grantor; and    The grantee or an authorized agent for the grantee.          When preparing a deed pursuant to this section in which the phrase “subject to statutory exceptions” is used, a licensed title insurance entity shall not disclaim, limit, or seek indemnification against liability for any negligence by the licensed title insurance entity.    As used in this section, “licensed title insurance entity” means a title insurance entity, as defined in section 10-11-102 (11).     History. Source: L. 2019: Entire section added, (HB 19-1098), ch. 18, p. 67, § 2, effective March 7.
CO Code § 38-30-117 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-117. Mortgages - Short Form - Acknowledgment - Effect

  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 ........................, County of ........................ and State of ........................, to secure the payment of .................. dollars due as follows: .................. the following described real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances, and warrant(s) the title to the same, subject to .......................... .    Such mortgage may be acknowledged in accordance with section 38-35-101. Failure to state the address or the county or state of residence of the grantor or grantee shall not affect the validity of such mortgage.    Every mortgage in substance in the above form, when properly executed, is a mortgage to secure the payment of the money specified in the mortgage, with covenants as expressed in section 38-30-113 (4)(a), but if the words “and warrant(s) the title to the same” are omitted, no such covenants are implied.     [Form Excluded]   History. Source: L. 17: P. 160, § 4. C.L. § 4882. CSA: C. 40, § 14. CRS 53: § 118-1-17. L. 55: P. 718, § 2. L. 61: P. 639, § 2. C.R.S. 1963: § 118-1-17. L. 2019: (3) amended,(HB 19-1098), ch. 18, p. 68, § 3, effective March 7. History. Source: L. 17: P. 160, § 4. C.L. § 4882. CSA: C. 40, § 14. CRS 53: § 118-1-17. L. 55: P. 718, § 2. L. 61: P. 639, § 2. C.R.S. 1963: § 118-1-17. L. 2019: (3) amended,(HB 19-1098), ch. 18, p. 68, § 3, effective March 7.    ANNOTATION   It was not a fatal flaw to fail to include the name of the county in the mortgage. In re Beldo, 114 B.R. 736 (Bankr. D. Colo. 1990 ).
CO Code § 38-30-118 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-118. Seal Not Necessary

 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.   History. Source: L. 17: P. 161, § 5. C.L. § 4883. CSA: C. 40, § 15. CRS 53: § 118-1-18. C.R.S. 1963: § 118-1-18. History. Source: L. 17: P. 161, § 5. C.L. § 4883. CSA: C. 40, § 15. CRS 53: § 118-1-18. C.R.S. 1963: § 118-1-18.    ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 71 (1940). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Signatures on Documents Affecting Title to Colorado Real Property -- Parts I and III”, see 12 Colo. Law. 61 and 447 (1983).   This section only affects private conveyances; it makes no mention of official seals. Sayre v. Sage, 47 Colo. 559 , 108 P. 160 (1910).   Applied in Halliwill v. Weible, 64 Colo. 295 , 171 P. 372 (1918).
CO Code § 38-30-119 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-119. Posthumous Children Take as Others

 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 been conveyed to support the contingent remainder after his death.   History. Source: R.S. P. 107, § 8. G.L. § 167. G.S. § 205. R.S. 08: § 676. C.L. § 4884. CSA: C. 40, § 16. CRS 53: § 118-1-19. C.R.S. 1963: § 118-1-19. History. Source: R.S. P. 107, § 8. G.L. § 167. G.S. § 205. R.S. 08: § 676. C.L. § 4884. CSA: C. 40, § 16. CRS 53: § 118-1-19. C.R.S. 1963: § 118-1-19.
CO Code § 38-30-120 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-120. Conveyance Carries Right of Possession

 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.   History. Source: R.S. P. 107, § 9. G.L. § 168. G.S. § 206. R.S. 08: § 677. C.L. § 4885. CSA: C. 40, § 17. CRS 53: § 118-1-20. C.R.S. 1963: § 118-1-20. History. Source: R.S. P. 107, § 9. G.L. § 168. G.S. § 206. R.S. 08: § 677. C.L. § 4885. CSA: C. 40, § 17. CRS 53: § 118-1-20. C.R.S. 1963: § 118-1-20.    ANNOTATION   Intent to postpone deed's operation not provable by parol evidence. Under this section it is certainly required that the intention to postpone the operation of a deed shall be declared in the instrument, and it cannot be proved by parol. Omaha & Grant Smelting & Ref. Co. v. Tabor, 13 Colo. 41 , 21 P. 9256 (1889).   Parol evidence of an agreement that possession should not pass until the purchase money is fully paid is inadmissible. Drake v. Root, 2 Colo. 685 (1875); Omaha & Grant Smelting & Ref. Co. v. Tabor, 13 Colo. 41 , 21 P. 925 (1889).   Right to possess both surface and minerals. Conveyance invests grantees with ownership and the right to immediate possession of the real estate, both as to the surface and the minerals. Lambertson v. Thomas, 146 Colo. 539 , 362 P.2d 180 (1961).   Possession denied where deed is void. This section does not entitle a grantee to possession if the deed of conveyance is void on its face, and occupancy of the land in controversy would then be a trespass. Williams v. Conroy, 35 Colo. 117 , 83 P. 959 (1905); Whitehead v. Callahan, 44 Colo. 396 , 99 P. 57 (1908).   Application of section to leasehold. During the term of a lease, a tenant is normally entitled to full possession of the premises, even to the exclusion of the landlord. Rutherford v. Scarborough, 28 Colo. App. 352, 472 P.2d 721 (1970).   Applied in Thomas v. Dunnean, 75 Colo. 216 , 225 P. 253 (1924).
CO Code § 38-30-122 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-122. No Action Against Warrantor Without Notice and Refusal to Defend

 No right of action shall exist upon a covenant of warranty against a warrantor when possession of the premises warranted has been actually delivered to or taken by the warrantee, until the party menacing the possession of the grantee, his heirs, personal representatives, or assigns have commenced legal proceedings to obtain possession of the premises in question and the grantor, after notice, has refused to defend, at his own cost, the premises in such action.   History. Source: R.S. P. 108, § 11. G.L. § 170. G.S. § 208. R.S. 08: § 679. C.L. § 4887. CSA: C. 40, § 19. CRS 53: § 118-1-22. C.R.S. 1963: § 118-1-22. History. Source: R.S. P. 108, § 11. G.L. § 170. G.S. § 208. R.S. 08: § 679. C.L. § 4887. CSA: C. 40, § 19. CRS 53: § 118-1-22. C.R.S. 1963: § 118-1-22.    ANNOTATION   Law reviews. For article, “Measure of Damages for the Breach of the Covenants of Quiet Enjoyment and Warranty”, see 13 Dicta 278 (1936).   Section applies only to covenant of warranty. Seyfried v. Knoblauch, 44 Colo. 86 , 96 P. 993 (1908).   Application of the statute is limited to grantees in possession of the property in dispute and shall not be used to delay the running of three-year statute of limitations on a claim involving a breach of warranty by a former grantee who conveyed and voluntarily relinquished possession of the property covered by the deed. Pagosa Springs Invs. v. Sivers, 886 P.2d 307 (Colo. App. 1994).   Section is inapplicable when possession is not obtained under the deed, not when the holder of the adverse title has obtained possession of the premises since the deed was made. Tierney v. Whiting, 2 Colo. 620 (1875).   “Legal proceedings” and “action” construed. The words “legal proceedings” and “action”, as used in this section, mean a suit in court for the possession of the land. Ernst v. St. Clair, 71 Colo. 353 , 206 P. 799 (1922).   This section does not bar action for breach of warranty deed since grantees never took possession of the property involved and are regarded as actually being evicted from property. Upton v. Griffitts, 831 P.2d 504 (Colo. App. 1992).   Accrual of cause of action for breach of warranty. Where a covenantee is never in possession of property conveyed, he cannot be menaced in his possession within the meaning of this section, hence a cause of action for breach of warranty accrues upon delivery of the conveyance. Bernklau v. Stevens, 150 Colo. 187 , 371 P.2d 765 (1962).   This section clearly sets forth the commencement of legal proceedings by a third party as the date of accrual. Bernklau v. Stevens, 150 Colo. 187 , 371 P.2d 765 (1962).   Water rights may be warranted. Water rights can be conveyed and the quality of the title may be warranted much like with real property. Navajo Dev. Co. v. Sanderson, 655 P.2d 1374 (Colo. 1982).   Applied in Seyfried v. Knoblauch, 44 Colo. 86 , 96 P. 993 (1908); Stone v. Rozich, 88 Colo. 399 , 297 P. 999 (1931).
CO Code § 38-30-123 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-123. Powers of Attorney Must Be Recorded

 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 are required to be recorded.   History. Source: R.S. P. 108, § 12. G.L. § 171. G.S. § 209. R.S. 08: § 680. C.L. § 4888. CSA: C. 40, § 20. CRS 53: § 118-1-23. C.R.S. 1963: § 118-1-23. History. Source: R.S. P. 108, § 12. G.L. § 171. G.S. § 209. R.S. 08: § 680. C.L. § 4888. CSA: C. 40, § 20. CRS 53: § 118-1-23. C.R.S. 1963: § 118-1-23.    ANNOTATION   Law reviews. For article, “Guess Who's Coming to Closing”, see 11 Colo. Law. 689 (1982). For article, “Signatures on Documents Affecting Title to Colorado Real Property -- Part III”, see 12 Colo. Law. 447 (1983).   Applied in Waddingham v. Dickson, 17 Colo. 223 , 29 P. 177 (1892).
CO Code § 38-30-124 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-124. Powers of Attorney, How Acknowledged and Proved

 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.   History. Source: R.S. P. 111, § 16. G.L. § 175. G.S. § 214. R.S. 08: § 681. C.L. § 4889. CSA: C. 40, § 21. CRS 53: § 118-1-24. C.R.S. 1963: § 118-1-24. History. Source: R.S. P. 111, § 16. G.L. § 175. G.S. § 214. R.S. 08: § 681. C.L. § 4889. CSA: C. 40, § 21. CRS 53: § 118-1-24. C.R.S. 1963: § 118-1-24.
CO Code § 38-30-125 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-125. Scroll Sufficient

 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.   History. 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.R.S. 1963: § 118-1-25. History. 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.R.S. 1963: § 118-1-25.    ANNOTATION   Law reviews. For article, “Formal Contracts in Colorado”, see 7 Rocky Mt. L. Rev. 191 (1935).   Section applies to all instruments, including tax deeds. Linville v. Russell, 168 Colo. 459 , 452 P.2d 18 (1969).   Adoption of printed word and scroll as seal permissible. Where a blank form of bond is used with the word “seal” with a scroll around it, printed after the blank space for the signature, the maker of the bond may adopt the printed word and scroll as his seal. Carlile v. People, 27 Colo. 116 , 59 P. 48 (1899).   Instrument held to be sealed. Morgenson v. Middlesex Mining & Milling Co., 11 Colo. 176 , 17 P. 513 (1887).   Applied in Carlile v. People, 27 Colo. 116 , 59 P. 48 (1899).
CO Code § 38-30-127 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-127. Acknowledgments Taken Pursuant to Other Laws

  In addition to the acknowledgment of instruments as provided by articles 30 to 44 of this title, instruments may be acknowledged by:   Members of the armed forces of the United States and certain other persons, as provided by section 24-12-104, C.R.S.;    Any person within or outside of this state, pursuant to part 5 of article 21 of title 24.       Any person otherwise authorized by law to take acknowledgments in this state may take and certify acknowledgments either in accordance with articles 30 to 44 of this title or in the same manner and on the same evidence as provided in part 5 of article 21 of title 24. Any certificate of acknowledgment that is taken pursuant to such part 2 shall be valid and have the benefits set forth in subsection (3) of this section, whether such certificate is given before or after January 1, 1999.    A certificate of acknowledgment taken pursuant to part 5 of article 21 of title 24, or taken pursuant to such part 2 and subsection (2) of this section shall:   Constitute prima facie evidence of proper execution of the instrument acknowledged;    Carry with it the presumptions provided by section 38-35-101; and    Be accorded the same force and effect as any acknowledgment taken and certified in accordance with articles 30 to 44 of this title.        History. Source: L. 43: P. 217, § 1. L. 47: P. 356, § 4. CSA: C. 40, § 23A. CRS 53: § 118-1-27. C.R.S. 1963: § 118-1-27. L. 98: Entire section amended, p. 744, § 7, effective January 1, 1999. L. 2017: (1)(b), (2), and IP(3) amended,(SB 17-132), ch. 207, p. 808, § 7, effective July 1, 2018. History. Source: L. 43: P. 217, § 1. L. 47: P. 356, § 4. CSA: C. 40, § 23A. CRS 53: § 118-1-27. C.R.S. 1963: § 118-1-27. L. 98: Entire section amended, p. 744, § 7, effective January 1, 1999. L. 2017: (1)(b), (2), and IP(3) amended,(SB 17-132), ch. 207, p. 808, § 7, effective July 1, 2018.    Editor's note:    Section 8(2) of chapter 207 (SB 17-132), Session Laws of Colorado 2017, provides that the act changing this section applies to conduct occurring on or after July 1, 2018.    The effective date for changes to this section by Senate Bill 17-132 was changed from August 9, 2017, to July 1, 2018, by section 121 of Senate Bill 17-294. (SeeL. 2017, p. 1418.)
CO Code § 38-30-128 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30 - Titles and Interests|§ 38-30-128. Prima Facie Validity of Prior Foreign Acknowledgments

 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 kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick certifying the acknowledgment under the seal of such court, or purporting to have been acknowledged or proved before the chief magistrate or other chief executive or chief officer of any province, colony, island possession, or bailiwick of such foreign kingdom, empire, republic, state, or principality, such chief magistrate or other chief officer of any such colony, island possession, or bailiwick certifying the same under the seal of such colony, island possession, or bailiwick; or purporting to have been acknowledged or proved before a notary public having a seal, or before the mayor or other chief executive officers of any city, town, borough, county, or municipal corporation having a seal, of any such foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, such mayor or other chief officer certifying such acknowledgment under such seal; or purporting to have been acknowledged or proved out of this state and within any such kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, before any ambassador, minister, consul, vice-consul, consular agent, vice-consular agent, charge d'affaires, commercial agent, vice-commercial agent, or any diplomatic, consular, or commercial agent or representative, or any deputy of any thereof, of the United States or of any other government or country, appointed to reside in the foreign country or place where the proof or acknowledgment is made, certifying the same under the seal of his office, shall be deemed prima facie to have been acknowledged or proved before proper officers, and such deeds or other instrument in writing, and in case of the loss of the originals, a copy of the record thereof, and of the certificate of the acknowledgment or proof appertaining to the same, shall be received as prima facie evidence of the execution and acknowledgment thereof, anything in the statutes of this state to the contrary notwithstanding.   History. Source: L. 09: P. 33, § 1. C.L. § 4892. CSA: C. 40, § 24. CRS 53: § 118-1-28. C.R.S. 1963: § 118-1-28. History. Source: L. 09: P. 33, § 1. C.L. § 4892. CSA: C. 40, § 24. CRS 53: § 118-1-28. C.R.S. 1963: § 118-1-28.