reglab/housing_qa huggingface dataset:
CO Code § 38-44-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-108. Exceptions - Hearing

 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, hearing evidence in addition to that reported by the commission if necessary, and may approve or modify such report or again refer the matter to the same or another commission for further report.   History. Source: L. 07: P. 288, § 8. Code 08: § 304. Code 21: § 305. Code 35: § 305. CRS 53: § 118-11-8. C.R.S. 1963: § 118-11-8. History. Source: L. 07: P. 288, § 8. Code 08: § 304. Code 21: § 305. Code 35: § 305. CRS 53: § 118-11-8. C.R.S. 1963: § 118-11-8.    ANNOTATION   Even though use of “master” pursuant to C.R.C.P. 53 conflicts with this section for resolving a disputed boundary, because the parties stipulated for the entry of judgment upon final approval of the surveyor's report by the trial court, the parties waived their rights to object to the trial court's determination of the disputed boundary. Durbin v. Bonanza Corp., 716 P.2d 1124 (Colo. App. 1986).   Applied in Hildebrand v. Olinger, 689 P.2d 695 (Colo. App. 1984).
CO Code § 38-44-109 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-109. Corners and Boundaries Established

 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 that the boundaries and corners alleged to have been recognized and acquiesced in for twenty years have been so recognized and acquiesced in, such recognized boundaries and corners shall be permanently established. The court order or decree shall be recorded in the grantor-grantee index of the real property records of the county or counties in which the land lies.   History. Source: L. 07: P. 288, § 9. Code 08: § 305. Code 21: § 306. Code 35: § 306. CRS 53: § 118-11-9. C.R.S. 1963: § 118-11-9. L. 2010: Entire section amended,(HB 10-1085), ch. 95, p. 326, § 8, effective August 11. History. Source: L. 07: P. 288, § 9. Code 08: § 305. Code 21: § 306. Code 35: § 306. CRS 53: § 118-11-9. C.R.S. 1963: § 118-11-9. L. 2010: Entire section amended,(HB 10-1085), ch. 95, p. 326, § 8, effective August 11.    ANNOTATION   Boundary established by court becomes true boundary. The boundary established by the court in these proceedings becomes the true boundary line of the property. Smith v. Dorsey, 29 Colo. App. 369, 483 P.2d 1359 (1971).   Common ownership of two tracts of land extinguishes any acquiescence in boundary lines attributable to the prior landowners of the tracts unless the deed adopts the boundary lines as previously acquiesced upon. Salazar v. Terry, 911 P.2d 1086 (Colo. 1996).   Applied in Forristall v. Ansley, 170 Colo. 391 , 462 P.2d 116 (1969).
CO Code § 38-44-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-110. Appeal

 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.   History. Source: L. 07: P. 288, § 10. Code 08: § 306. Code 21: § 307. Code 35: § 307. CRS 53: § 118-11-10. C.R.S. 1963: § 118-11-10. History. Source: L. 07: P. 288, § 10. Code 08: § 306. Code 21: § 307. Code 35: § 307. CRS 53: § 118-11-10. C.R.S. 1963: § 118-11-10.
CO Code § 38-44-111 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-111. Costs

 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.   History. Source: L. 07: P. 288, § 11. Code 08: § 307. Code 21: § 308. Code 35: § 308. CRS 53: § 118-11-11. C.R.S. 1963: § 118-11-11. History. Source: L. 07: P. 288, § 11. Code 08: § 307. Code 21: § 308. Code 35: § 308. CRS 53: § 118-11-11. C.R.S. 1963: § 118-11-11.    ANNOTATION   Assessment of costs and expenses to losing party. In an action involving boundary dispute, judgment assessing costs of survey and expenses of commissioners to losing party is in accord with this section. Kelly v. Mullin, 159 Colo. 573 , 413 P.2d 186 (1966).   Assessment of all costs not abuse of discretion. But the trial court's assessment of all costs of the action against the defendants was not an abuse of discretion. Brackett v. Cleveland, 147 Colo. 328 , 363 P.2d 1050 (1961).   Costs allocated only between original plaintiff and defendant since the issue of allocating costs to the third-party defendants was not raised in plaintiff's motion for a new trial and thus the court of appeals had no jurisdiction to decide the issue. Brewster v. Nandrea, 705 P.2d 1 (Colo. 1985).
CO Code § 38-44-112 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-112. Agreements

 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 established by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a map or plat thereof that shall be recorded as an instrument affecting real estate, and shall be binding upon their heirs, successors, and assigns. If the map or plat is prepared by a licensed professional land surveyor, monuments shall be set for any line, corner, or boundary included in the agreement.   History. Source: L. 07: P. 288, § 12. Code 08: § 308. Code 21: § 309. Code 35: § 309. CRS 53: § 118-11-12. C.R.S. 1963: § 118-11-12. L. 2007: Entire section amended, p. 294, § 5, effective August 3. History. Source: L. 07: P. 288, § 12. Code 08: § 308. Code 21: § 309. Code 35: § 309. CRS 53: § 118-11-12. C.R.S. 1963: § 118-11-12. L. 2007: Entire section amended, p. 294, § 5, effective August 3.    ANNOTATION   Law reviews. For article, “CRS § 38-44-112 Boundary Line Agreements”, see 46 Colo. Law. 61 (Mar. 2017).
CO Code § 38-44-113 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-113. Establishment of Boundary Corner

 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 vicinity. Such existing or properly restored public land survey monument may be used to control future land surveys in the region when such surveys are not related to the boundary corner established by acquiescence or agreement.   History. Source: L. 97: Entire section added, p. 1629, § 5, effective July 1.
CO Code § 38-45-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 45 - Carbon Monoxide Alarms|§ 38-45-101. Definitions

 As used in this article, unless the context otherwise requires:    “Carbon monoxide alarm” means a device that detects carbon monoxide and that:   Produces a distinct, audible alarm;    Is listed by a nationally recognized, independent product-safety testing and certification laboratory to conform to the standards for carbon monoxide alarms issued by such laboratory or any successor standards;    Is battery powered, plugs into a dwelling's electrical outlet and has a battery backup, is wired into a dwelling's electrical system and has a battery backup, or is connected to an electrical system via an electrical panel; and    May be combined with a smoke detecting device if the combined device complies with applicable law regarding both smoke detecting devices and carbon monoxide alarms and that the combined unit produces an alarm, or an alarm and voice signal, in a manner that clearly differentiates between the two hazards.       “Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.    “Fuel” means coal, kerosene, oil, fuel gases, or other petroleum products or hydrocarbon products such as wood that emit carbon monoxide as a by-product of combustion.    “Installed” means that a carbon monoxide alarm is installed in a dwelling unit in one of the following ways:   Wired directly into the dwelling's electrical system;    Directly plugged into an electrical outlet without a switch other than a circuit breaker; or    If the alarm is battery-powered, attached to the wall or ceiling of the dwelling unit in accordance with the national fire protection association's standard 720, or any successor standard, for the operation and installation of carbon monoxide detection and warning equipment in dwelling units.       “Multi-family dwelling” means any improved real property used or intended to be used as a residence and that contains more than one dwelling unit. Multi-family dwelling includes a condominium or cooperative.    “Operational” means working and in service in accordance with manufacturer instructions.    “Single-family dwelling” means any improved real property used or intended to be used as a residence and that contains one dwelling unit.     History. Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 180, § 2, effective March 24.
CO Code § 38-45-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 45 - Carbon Monoxide Alarms|§ 38-45-102. Carbon Monoxide Alarms in Single-Family Dwellings - Rules

     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 monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.    By July 1, 2009, the real estate commission created in section 12-10-206 shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the requirements specified in subsection (1)(a) of this section.       Notwithstanding any other provision of law, every single-family dwelling that includes either fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.    No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.     History. Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 181, § 2, effective March 24. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1726, § 242, effective October 1.
CO Code § 38-45-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 45 - Carbon Monoxide Alarms|§ 38-45-103. Carbon Monoxide Alarms in Multi-Family Dwellings - Rules

     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 operational carbon monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.    By July 1, 2009, the real estate commission created in section 12-10-206 shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the requirements specified in subsection (1)(a) of this section.       Notwithstanding any other provision of law, every dwelling unit of a multi-family dwelling that includes fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.    No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.     History. Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 182, § 2, effective March 24. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1726, § 243, effective October 1.
CO Code § 38-45-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 45 - Carbon Monoxide Alarms|§ 38-45-105. Municipal or County Ordinances Regarding Carbon Monoxide Alarms

 Nothing in this article shall be construed to limit a municipality, city, home rule city, city and county, county, or other local government entity from adopting or enforcing any requirements for the installation and maintenance of carbon monoxide alarms that are more stringent than the requirements set forth in this article.   History. Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 184, § 2, effective March 24.
CO Code § 38-45-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 45 - Carbon Monoxide Alarms|§ 38-45-106. Limitation of Liability

  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 property owner, authorized agent, person in possession of real property, or installer installs a carbon monoxide alarm in accordance with the manufacturer's published instructions and the provisions of this article.    A purchaser shall have no claim for relief against any person licensed pursuant to article 10 of title 12 for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if such licensed person complies with rules promulgated pursuant to sections 38-45-102 (1)(b) and 38-45-103 (1)(b). Nothing in this subsection (2) shall affect any remedy that a purchaser may otherwise have against a seller.     History. Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 184, § 2, effective March 24. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1726, § 244, effective October 1.
CO Code § 38-46-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 46 - Payment of Construction Contracts in Real Property|§ 38-46-101. Definitions

 As used in this article 46, unless the context otherwise requires:    “Contract” means a contract to construct, alter, or repair a structure on or improvement on real property.    “Contractor” means a person that is a party to a contract with a property owner.    “Property owner” means a private person with an interest, including a leasehold interest, in real property or in a real property fixture that has entered into a contract with a contractor.    “Retainage” means a percentage of:   A contract or subcontract price retained from a contractor or subcontractor as assurance that the contract or subcontract will be satisfactorily completed; or    A supply agreement price as assurance that the goods, materials, or equipment meets the specifications necessary for satisfactory performance of a contract or subcontract.         “Subcontract” means an agreement:   To perform a portion of the work required by a contract; and    To furnish or perform on-site labor, with or without furnishing materials.       To be a subcontract, an agreement need not be made directly with a contractor; the agreement may be made with a subcontractor or a subsequent subcontractor.       “Subcontractor” means a person that enters into a subcontract with a contractor, a subcontractor, or a subsequent subcontractor.    “Subsequent subcontractor” includes a person who has signed a subcontract with a sub-subcontractor, a sub-sub-subcontractor, or any additional level of subcontractor.    “Supply agreement” means an agreement to provide materials, goods, or equipment to a contractor or subcontractor.      History. Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 859, § 1, effective September 7.
CO Code § 38-46-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 46 - Payment of Construction Contracts in Real Property|§ 38-46-102. Applicability of Article

  Except as provided in subsection (2) of this section, this article 46 applies to:   A contract that:   Has a price of at least one hundred fifty thousand dollars; and    Is made between a property owner and a contractor;       A subcontract to a contract described in subsection (1)(a) of this section, notwithstanding that the subcontract price is less than one hundred fifty thousand dollars; and    A supply agreement that is made to supply materials, goods, or equipment used to perform a contract notwithstanding that the supply agreement price is less than one hundred fifty thousand dollars.       This article 46 does not apply to:   A single contract that governs the building of either:   One single-family dwelling; or    One multifamily dwelling with no more than four family dwelling units; or       A contract with a public entity, as defined in section 24-91-102 (3).        History. Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 860, § 1, effective September 7.
CO Code § 38-46-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 46 - Payment of Construction Contracts in Real Property|§ 38-46-103. Private Construction Contracts - Retainage - Conditions Precedent

  A property owner, contractor, or subcontractor shall not withhold as retainage more than five percent of the price of the work completed under the contract or subcontract. Making a partial payment under this subsection (1) is not acceptance or approval of some of the work or of a waiver of defects in the work.    This article 46 addresses only the amount of retainage that may be withheld by a property owner, contractor, or subcontractor and does not change, override, or invalidate any other provision in a contract, subcontract, or supply agreement. Such a provision includes, but is not limited to:   A provision relating to timing of a payment, including final payment;    A provision requiring satisfactory performance of the work of the contract, subcontract, or supply agreement before payment is due;    A provision allowing a property owner, contractor, or subcontractor to withhold payment or deduct from any payment otherwise due any backcharges or other amounts as authorized by the contract, subcontract, or supply agreement; or    A provision relating to a condition precedent that must be satisfied before a payment is due to a contractor, subcontractor, sub-subcontractor, or supplier. A condition precedent includes a requirement that:   A contractor must actually receive payment from the property owner to be obliged to make payment to a subcontractor or supplier; or    A subcontractor must actually receive payment from the contractor to be obliged to make payment to a subsequent subcontractor or supplier.           History. Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 861, § 1, effective September 7.
CO Code § 38-46-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 46 - Payment of Construction Contracts in Real Property|§ 38-46-104. Lien Waivers

 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.   History. Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 861, § 1, effective September 7.
CO Code § 38-50-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 50 - Survey Plats and Monument Records - General Provisions|§ 38-50-102. Public Records - Original Field Notes and Plats

  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 appointed by the federal government, within their respective counties.    The board of county commissioners shall:   Procure books in which the copies made pursuant to subsection (1) of this section shall be maintained;    Obtain stationery; and    Fix the compensation of the person employed to procure and make copies of field notes and plats pursuant to subsection (1) of this section whether by contract or otherwise which shall be paid out of the county treasury in the same manner as other expenses are paid.         The copies of field notes and plats made pursuant to subsection (1) of this section shall be filed in the office of the county clerk and recorder of the proper county and shall thereafter be a part of the public records of such county.    Records or copies made and maintained pursuant to this section, when certified by the county clerk and recorder, shall be evidence in all courts and places in this state.         History. Source: L. 94: Entire article R&RE, p. 1512, § 46, effective July 1.    Editor's note:   The provisions of this section are similar to provisions of several former sections as they existed prior to 1994. For a detailed comparison, see the comparative tables located in the back of the index.