reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-114 - Actions - parties to be named

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 office of the county clerk and recorder in the county where such real property is situated, and the decree shall be as conclusive against him as if he had been made a party. If such action is for the recovery of actual possession of the property, the party in actual possession shall be made a party.
L. 41: p. 605, § 2. CSA: C. 40, § 117(2). CRS 53: § 118-6-14. C.R.S. 1963: § 118-6-14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-115 - Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment

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 of conveyance or encumbrance or contract concerning real estate in Colorado in accordance with the powers conferred by a will, testament, or codicil admitted to probate by such court or tribunal, a certified copy or an exemplified copy of the letters testamentary or trusteeship issued by such court or tribunal under such will, testament, or codicil or of the order of appointment by such court or tribunal is required to be filed for record with the county clerk and recorder of the county wherein is situated such real estate, the filing for record with such county clerk and recorder of such certified copy or exemplified copy of letters or order after the execution of such instrument of conveyance or encumbrance or contract shall have the same force and effect that it would have had if it had been filed for record with such county clerk and recorder prior to the execution of such instrument of conveyance or encumbrance or contract, whether such instrument of conveyance or encumbrance or contract was executed before or after April 17, 1941, and whether such certified copy or exemplified copy was so filed for record before or after said date.
L. 41: p. 605, § 3. CSA: C. 40, § 117(3). CRS 53: § 118-6-15. C.R.S. 1963: § 118-6-15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-116 - Variances in names in instruments affecting the title to real property

(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 variances between any two instruments affecting the title to the same real property shall not destroy or impair the presumption that the person so named is the same person in both instruments:
(I)
The full first name appearing in one and only the initial letter of that first name appearing in the other;
(II)
A full middle name appearing in one and only the initial letter of that middle name appearing in the other;
(III)
The initial letter of a middle name appearing in one and not appearing in the other; or
(IV)
A full middle name appearing in one and not appearing in the other.
(c)
In spite of a variance described in paragraph (b) of this subsection (1), the person so named in both instruments shall be presumed to be the same person until such time as the contrary appears, and, until such time, such instruments, the record of such instruments, or a certified copy of the record of such instruments shall be admissible in evidence as though the names in the two instruments were identical.
(2)
(Deleted by amendment, L. 2003, p. 833, § 1, effective August 6, 2003.)
(3)
The word "instruments" as used in this section means not only instruments voluntarily executed but also papers filed or issued in or in connection with actions and other proceedings in court and orders, judgments, and decrees entered therein and transcripts of such judgments, proceedings in foreclosure pursuant to powers of sale, certificates of birth, certificates of death, and certificates of marriage.
L. 41: p. 607, § 1. CSA: C. 40, § 117(4). CRS 53: § 118-6-16. L. 61: p. 644, § 1. C.R.S. 1963: § 118-6-16. L. 73: p. 613, § 4. L. 2003: (1) and (2) amended, p. 833, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-117 - Mortgages, not a conveyance - lien theory

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 real property without foreclosure and sale, but the same shall be deemed a lien.
L. 27: p. 592, § 12. CSA: C. 40, § 118. CRS 53: § 118-6-17. C.R.S. 1963: § 118-6-17.
For sales by public trustee, see article 37 of this title.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-119 - Release not a conveyance

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, title, or interest in the property. Words of conveyance used in any such release shall be construed only as provided in this section.
L. 27: p. 593, § 14. CSA: C. 40, § 120. CRS 53: § 118-6-19. C.R.S. 1963: § 118-6-19.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-120 - Record of first and last parcels includes intervening parcels

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 parcels unless a contrary intention is expressly and clearly set forth in the instrument.
L. 27: p. 593, § 15. CSA: C. 40, § 121. CRS 53: § 118-6-20. C.R.S. 1963: § 118-6-20.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-121 - Conveyance or reservation of a mineral interest - geothermal resources

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 respects such instruments executed on and after May 17, 1974, reference to minerals or mineral rights shall not include geothermal resources unless specifically mentioned.
L. 74: Entire section added, p. 316, § 8, effective May 17.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-123 - Liens - notice - current address

(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 such instrument is recorded. In the case of judgment liens, such address shall be placed on the document by the lienor.
(2)
Failure to comply with this section shall not affect the validity of the recording of the instrument or of the instrument itself.
L. 84: Entire section added, p. 981, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-124.5 - Effect of written payoff statement

(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 shall not be liable to the creditor or holder of the indebtedness or its agent for any omitted amounts, unless a written amendment is received by such person or entity prior to the closing of the transaction. Upon payment to the creditor or holder of the amounts stated in the written payoff statement, as may be amended, such creditor or holder shall be required to comply with the release provisions of section
38-35-124
.
(2)
Any creditor or holder of the indebtedness who fails to comply with the release provisions of section
38-35-124
as required by subsection (1) of this section shall be liable to those persons or entities to whom the written payoff statement was addressed for any actual economic loss suffered by such persons or entities, including reasonable attorney fees and costs in enforcing the provisions of this section.
(3)
Notwithstanding the provisions of this section, in the event of an error in the written payoff statement provided by a creditor or holder of the indebtedness or its agent, the creditor shall retain any remedies, legal or equitable, to collect directly against the obligor any unsecured additional amounts determined to be outstanding.
L. 2002: Entire section added, p. 1332, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 2 - SPURIOUS LIENS AND DOCUMENTS (§§ 38-35-201 — 38-35-204) › Section 38-35-201 - Definitions

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 Tort Claims Act",
28 U.S.C. sec. 2671
.
(2)
"Lien" means an encumbrance on real or personal property as security for the payment of a debt or performance of an obligation.
(3)
"Spurious document" means any document that is forged or groundless, contains a material misstatement or false claim, or is otherwise patently invalid.
(4)
"Spurious lien" means a purported lien or claim of lien that:
(a)
Is not provided for by a specific Colorado or federal statute or by a specific ordinance or charter of a home rule municipality;
(b)
Is not created, suffered, assumed, or agreed to by the owner of the property it purports to encumber; or
(c)
Is not imposed by order, judgment, or decree of a state court or a federal court.
(5)
"State court" means a court established pursuant to title 13, C.R.S.
(6)
"State or local official or employee" means an appointed or elected official or any employee of:
(a)
The state of Colorado;
(b)
Any agency, board, commission, or state department in any branch of state government;
(c)
Any institution of higher education; or
(d)
Any school district, political subdivision, county, municipality, intergovernmental agency, or other unit of local government in Colorado.
L. 97: Entire part added, p. 35, § 1, effective March 20. L. 98: (4)(a) amended, p. 152, § 1, effective April 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 2 - SPURIOUS LIENS AND DOCUMENTS (§§ 38-35-201 — 38-35-204) › Section 38-35-202 - Recording or filing

(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 faith may be a spurious lien or spurious document.
(2)
No state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state, shall be liable to any person or claimant for either the acceptance or rejection for recording or filing of any document that the state or local official or employee reasonably believes in good faith may be a spurious lien or spurious document.
(3)
No state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state, shall be obligated to accept for recording or filing any lien or claim of lien against a federal official or employee or a state or local official or employee based upon the performance or nonperformance of that official's or employee's duties unless such lien or claim of lien is accompanied by a specific order issued by a state court or federal court authorizing the recording or filing of such lien or claim of lien.
L. 97: Entire part added, p. 36, § 1, effective March 20.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 2 - SPURIOUS LIENS AND DOCUMENTS (§§ 38-35-201 — 38-35-204) › Section 38-35-203 - Action to enforce

(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 of any county or city and county or the office of the Colorado secretary of state, unless within the thirty-five days:
(a)
An action has been commenced to enforce such lien or document in the state district court for the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado; and
(b)
A notice of lis pendens stating that such an action has been commenced is recorded or filed in the office where the lien or document was recorded or filed.
(2)
The notice of lis pendens required by paragraph (b) of subsection (1) of this section must comply with the requirements of section
38-35-110
and rule 105 (f) of the Colorado rules of civil procedure and must include the civil action number of the action that has been commenced to enforce the lien or document. Failure to comply with the requirements of this subsection (2) shall render the notice of lis pendens invalid.
L. 97: Entire part added, p. 37, § 1, effective March 20. L. 2012: IP(1) amended, (SB 12-175), ch. 208, p. 895, § 169, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 2 - SPURIOUS LIENS AND DOCUMENTS (§§ 38-35-201 — 38-35-204) › Section 38-35-204 - Order to show cause

(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 or the federal district court in Colorado for an order to show cause why the lien or document should not be declared invalid. The petition shall set forth a concise statement of the facts upon which the petition is based and shall be supported by an affidavit of the petitioner or the petitioner's attorney. The order to show cause may be granted ex parte and shall:
(a)
Direct any lien claimant and any person who recorded or filed the lien or document to appear as respondent before the court at a time and place certain not less than fourteen days nor more than twenty-one days after service of the order to show cause why the lien or document should not be declared invalid and why such other relief provided for by this section should not be granted;
(b)
State that, if the respondent fails to appear at the time and place specified, the spurious lien or spurious document will be declared invalid and released; and
(c)
State that the court shall award costs, including reasonable attorney fees, to the prevailing party.
(2)
If, following the hearing on the order to show cause, the court determines that the lien or document is a spurious lien or spurious document, the court shall make findings of fact and enter an order and decree declaring the spurious lien or spurious document and any related notice of lis pendens invalid, releasing the recorded or filed spurious lien or spurious document, and entering a monetary judgment in the amount of the petitioner's costs, including reasonable attorney fees, against any respondent and in favor of the petitioner. A certified copy of such order may be recorded or filed in the office of 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.
(3)
If, following the hearing on the order to show cause, the court determines that the lien or document is not a spurious lien or spurious document, the court shall issue an order so finding and enter a monetary judgment in the amount of any respondent's costs, including reasonable attorney fees, against any petitioner and in favor of the respondent.
L. 97: Entire part added, p. 37, § 1, effective March 20. L. 2012: (1)(a) amended, (SB 12-175), ch. 208, p. 895, § 170, effective July 1.
Section 38-22.5-110 states that this section applies to liens asserted pursuant to article
22.5
of this title.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35.5 - NONDISCLOSURE OF INFORMATION PSYCHOLOGICALLY IMPACTING REAL PROPERTY (§ 38-35.5-101) › Section 38-35.5-101 - Circumstances psychologically impacting real property - no duty for broker or salesperson to disclose

(1)
Facts or suspicions regarding circumstances occurring on a parcel of property which could psychologically impact or stigmatize such property are not material facts subject to a disclosure requirement in a real estate transaction. Such facts or suspicions include, but are not limited to, the following:
(a)
That an occupant of real property is, or was at any time suspected to be, infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(b)
That the property was the site of a homicide or other felony or of a suicide.
(2)
No cause of action shall arise against a real estate broker or salesperson for failing to disclose such circumstance occurring on the property which might psychologically impact or stigmatize such property.
L. 91: Entire article added, p. 1636, § 20, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35.7 - DISCLOSURES REQUIRED IN CONNECTION WITH CONVEYANCES OF RESIDENTIAL REAL PROPERTY (§§ 38-35.7-101 — 38-35.7-112) › Section 38-35.7-101 - Disclosure - special taxing districts - general obligation indebtedness

(1)
Every contract for the purchase and sale of residential real property shall contain a disclosure statement in bold-faced type which is clearly legible and in substantially the following form:
SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
(2)
The obligation to provide the disclosure set forth in subsection (1) of this section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for all damages to the purchaser resulting from such failure plus court costs.
L. 92: Entire article added, p. 995, § 4, effective July 1. L. 2009: (1) amended, (SB 09-087), ch. 325, p. 1735, §7, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35.7 - DISCLOSURES REQUIRED IN CONNECTION WITH CONVEYANCES OF RESIDENTIAL REAL PROPERTY (§§ 38-35.7-101 — 38-35.7-112) › Section 38-35.7-104 - Disclosure of potable water source - rules

(1)
(a)
(I)
By January 1, 2008, the real estate commission created in section
12-10-206
shall, by rule, require each listing contract, contract of sale, or seller's property disclosure for residential real property that is subject to the commission's jurisdiction pursuant to article
10
of title
12
to disclose the source of potable water for the property, which disclosure shall include substantially the following information:
THE SOURCE OF POTABLE WATER FOR THIS REAL ESTATE IS:
[] A WELL;
[] A WATER PROVIDER, WHICH CAN BE CONTACTED AS FOLLOWS:
NAME:
___________________
ADDRESS:
___________________
WEB SITE:
___________________
TELEPHONE:
___________________
[] NEITHER A WELL NOR A WATER PROVIDER. THE SOURCE IS [DESCRIBE]:
___________________
SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUNDWATER. YOU MAY WISH TO CONTACT YOUR PROVIDER TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
(II)
On and after January 1, 2008, each listing contract, contract of sale, or seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction pursuant to article
10
of title
12
shall contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in subsection (1)(a)(I) of this section.
(b)
If the disclosure statement required by paragraph (a) of this subsection (1) indicates that the source of potable water is a well, the seller shall also provide with such disclosure a copy of the current well permit if one is available.
(2)
The obligation to provide the disclosure set forth in subsection (1) of this section shall be upon the seller. If the seller complies with this section, the purchaser shall not have any claim under this section for relief against the seller or any person licensed pursuant to article
10
of title
12
for any damages to the purchaser resulting from an alleged inadequacy of the property's source of water. Nothing in this section shall affect any remedy that the purchaser may otherwise have against the seller.
(3)
For purposes of this section, "residential real property" means residential land and residential improvements, as those terms are defined in section
39-1-102
, C.R.S., but does not include hotels and motels, as those terms are defined in section
39-1-102
, C.R.S.; except that a mobile home and a manufactured home, as those terms are defined in section
39-1-102
, C.R.S., shall be deemed to be residential real property only if the mobile home or manufactured home is permanently affixed to a foundation.
Amended by 2019 Ch. 136, § 236, eff. 10/1/2019.
L. 2007: Entire section added, p. 853, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35.7 - DISCLOSURES REQUIRED IN CONNECTION WITH CONVEYANCES OF RESIDENTIAL REAL PROPERTY (§§ 38-35.7-101 — 38-35.7-112) › Section 38-35.7-105 - Disclosure of transportation projects - rules

No later than January 1, 2009, the real estate commission created in section
12-10-206
shall, by rule, require each seller's property disclosure for real property that is subject to the commission's jurisdiction pursuant to article
10
of title
12
to disclose the existence of any proposed or existing transportation project that affects or is expected to affect the real property.
Amended by 2019 Ch. 136,§ 237, eff. 10/1/2019.
L. 2008: Entire section added, p. 1713, § 10, effective June 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35.7 - DISCLOSURES REQUIRED IN CONNECTION WITH CONVEYANCES OF RESIDENTIAL REAL PROPERTY (§§ 38-35.7-101 — 38-35.7-112) › Section 38-35.7-108 - Disclosure of oil and gas activity - rules

(1)
(a)
By January 1, 2016, the real estate commission created in section
12-10-206
shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information:
THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE.
THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.
THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.
THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE OIL AND GAS CONSERVATION COMMISSION.
(b)
On and after January 1, 2016, each contract of sale or seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1).
(2)
The disclosure required by subsection (1) of this section does not create a duty to investigate or disclose that does not otherwise exist for the seller, a person licensed under article
10
of title
12
, or a title insurance agent or company licensed under article
2
of title
10
.
Amended by 2023 Ch. 235,§ 41, eff. 7/1/2023.
Amended by 2019 Ch. 136, § 238, eff. 10/1/2019.
Added by 2014 Ch. 74, § 1, eff. 8/6/2014.
L. 2014: Entire section added, (SB 14-009), ch. 74, p. 305, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35.7 - DISCLOSURES REQUIRED IN CONNECTION WITH CONVEYANCES OF RESIDENTIAL REAL PROPERTY (§§ 38-35.7-101 — 38-35.7-112) › Section 38-35.7-111 - Disclosure - metropolitan district website - residences within the boundaries of a metropolitan district

On or after January 1, 2024, an owner of residential real property that is located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property shall provide the purchaser of the property with the official website established by the metropolitan district pursuant to section
32-1-104.5 (3)
. The information shall be provided on the Colorado real estate commission approved seller's property disclosure or other concurrent writing.
Added by 2023 Ch. 52, § 5, eff. 8/7/2023.
2023 Ch. 52, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-101 - Application to register title - by whom made

(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 agent thereunto lawfully authorized in writing, which authority shall be executed and acknowledged in the same manner and form as is now required as to a deed, and shall be recorded in the office of the county clerk and recorder in the county in which the land, or the major portion thereof, is situated before the making of the application by such agent. A corporation may apply by its authorized agent, and an infant or any other person under disability by his legal guardian. Joint tenants and tenants in common shall join in the application. The person in whose behalf the application is made shall be named as applicant.
(2)
On or after January 1, 2018, no more applications to register titles under this article 36 may be made.
Amended by 2017 Ch. 212,§ 1, eff. 8/9/2017.
L. 03: p. 311, § 1. R.S. 08: § 714. C.L. § 4924. CSA: C. 40, § 169. CRS 53: § 118-10-1. C.R.S. 1963: § 118-10-1. L. 2017: Entire section amended, (SB 17-140), ch. 212, p. 826, § 1, effective August 9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-102 - Lesser estates - when registered

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 estate in fee simple to the same land is registered. Every such lesser estate, mortgage, lien, or charge shall be noted upon the certificate of title and the duplicate thereof, and the title or interest certified shall be subject only to such estates, mortgages, liens, and charges as are so noted, except as provided in this article.
L. 03: p. 312, § 2. R.S. 08: § 715. C.L. § 4925. CSA: C. 40, § 170. CRS 53: § 118-10-2. C.R.S. 1963: § 118-10-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-103 - When tax title may be registered

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 such court duly made and recorded decreeing the title of the applicant, or that the applicant or those through whom he claims title have been in the actual and undisputed possession of the land under such title at least seven years immediately prior to the application, and has paid all taxes and assessments legally levied thereon during said time; unless the same is vacant and unoccupied lands or lots, in which case, where title is derived through sale for any tax or assessments or special assessment for any such vacant and unoccupied lands or lots and the applicant, or those through whom he claims title, have paid all taxes and assessments legally levied thereon for eight successive years immediately prior to the application, in which case such lands and lots shall be entitled to be registered as other lands provided for by this section.
L. 03: p. 312, § 3. R.S. 08: § 716. C.L. § 4926. CSA: C. 40, § 171. CRS 53: § 118-10-3. C.R.S. 1963: § 118-10-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-104 - Contents of application

(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 another, the name and place of residence and capacity of the person so acting;
(b)
Whether the applicant (except in the case of a corporation) is married or not, and if married, the name and residence of the husband or wife, and the age of the applicant;
(c)
The description of the land and the valuation for assessment thereof, exclusive of improvements, according to the last official assessment, the same to be taken as a basis for the payments required under sections
38-36-186
and
38-36-198(1)(a)
;
(d)
The applicant's estate or interest in the same, and whether the same is subject to homestead exemption;
(e)
The names of all persons or parties who appear of record to have any title, claim, estate, lien, or interest in the lands described in the application for registration;
(f)
Whether the land is occupied or unoccupied, and if occupied by any other person than the applicant, the name and post-office address of each occupant and what estate or interest he has or claims in the land;
(g)
Whether the land is subject to any lien or encumbrance, and, if any, the nature and amount of the same, and if recorded, the book and page of record, and the name and post-office address of each holder thereof;
(h)
Whether any other person has any estate or claims any interest in the land, in law or equity, in possession, remainder, reversion, or expectancy, and, if any, the name and post-office address of every such person and the nature of his estate or claim;
(i)
In case it is desired to settle or establish boundary lines, the names and post-office addresses of all the owners of the adjoining lands that may be affected thereby, so far as the applicant is able upon diligent inquiry to ascertain the same;
(j)
If the application is on behalf of a minor, the age of such minor shall be stated;
(k)
When the place of residence of any person whose residence is required to be given is unknown, it may be so stated if the applicant also states that upon diligent inquiry he has been unable to ascertain the same.
L. 03: p. 312, § 4. R.S. 08: § 717. C.L. § 4927. CSA: C. 40, § 172. CRS 53: § 118-10-4. C.R.S. 1963: § 118-10-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-105 - What lands may be joined in one application

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.
L. 03: p. 314, § 5. R.S. 08: § 718. C.L. § 4928. CSA: C. 40, § 173. CRS 53: § 118-10-5. C.R.S. 1963: § 118-10-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-106 - Amendment of application

The application may be amended only by supplemental statement in writing, signed and sworn to as in the case of the original application.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-108 - Application made to district court - powers of court

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, and decrees as may be necessary to determine, establish, and declare the title or interest, legal or equitable, as against all persons, known or unknown, and all liens and encumbrances existing thereon, whether by law, contract, judgment, mortgage, trust deed, or otherwise, and to declare the order, priority, and preference as between the same, and to remove all clouds from the title, and for that purpose the said court shall always be open.
L. 03: p. 316, § 8. R.S. 08: § 721. C.L. § 4931. CSA: C. 40, § 176. CRS 53: § 118-10-8. C.R.S. 1963: § 118-10-8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-109 - Registrars of titles - rules

The county clerk and recorders of the several counties of this state shall be registrars of titles in their respective counties, and their deputies shall be deputy registrars. All acts performed by registrars and deputy registrars under this article shall be performed under rules and instructions established and given by the district court having jurisdiction of the county in which they act.
L. 03: p. 316, § 9. R.S. 08: § 722. C.L. § 4932. CSA: C. 40, § 177. CRS 53: § 118-10-9. C.R.S. 1963: § 118-10-9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-110 - Bond of registrar

(1)
Except as provided in subsection (2) of this section, every county clerk and recorder shall, before entering upon the duties as registrar of titles, give a bond with sufficient sureties, to be approved by a judge of the district court of the county, payable to the people of the state of Colorado in such sum as is fixed by the said judge of the district court, conditioned for the faithful discharge of duties and to deliver up all papers, books, records, and other property belonging to the county or appertaining to the office as registrar of titles, whole, safe, and undefaced, when lawfully required to do so. The bond shall be filed in the office of the secretary of state and a copy thereof shall be filed and entered upon the records of the district court in the county wherein the county clerk and recorder holds office.
(2)
In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the county clerk and recorder to protect the people of the county from any malfeasance on the part of the county clerk and recorder while in office.
L. 03: p. 316, § 10. R.S. 08: § 723. C.L. § 4933. CSA: C. 40, § 178. CRS 53: § 118-10-10. C.R.S. 1963: § 118-10-10. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 565, §31, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-111 - Duties of deputy registrar - vacancies

Deputy registrars shall perform all duties of the registrar in the name of the registrar, and the acts of such deputies shall be held to be the acts of the registrar, and in the case of the death of the registrar or his removal from office, the vacancy shall be filled in the same manner as is provided by law for filling such vacancy in the office of the county clerk and recorder. The person so appointed to fill such vacancy shall file a bond and be vested with the same powers as the registrar whose office he is appointed to fill.
L. 03: p. 317, § 11. R.S. 08: § 724. C.L. § 4934. CSA: C. 40, § 179. CRS 53: § 118-10-11. C.R.S. 1963: § 118-10-11.
For filling vacancy in the office of county clerk and recorder, see §§ 1-12-205 and 30-10-404.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-112 - Registrar not to practice law - neglect of duty

No registrar or deputy registrar shall practice as an attorney or counselor at law, nor prepare any papers in any proceeding provided for in this article, nor while in office be in partnership with any attorney or counselor at law so practicing. The registrar shall be liable for any neglect or omission of the duties of his office when occasioned by a deputy registrar in the same manner as for his own personal neglect or omission.
L. 03: p. 317, § 12. R.S. 08: § 725. C.L. § 4935. CSA: C. 40, § 180. CRS 53: § 118-10-12. C.R.S. 1963: § 118-10-12.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-113 - Examiner of titles - compensation - oath or affirmation - bond

The judges of the district court in and for the judicial districts for which they are elected or appointed shall appoint a competent attorney in each county within their district as examiner of titles and legal adviser of the registrar. The examiner of titles in each county shall be paid in each case by the applicant such compensation as the judge of the district court determines. Every examiner of titles shall take an oath or affirmation in accordance with section
24-12-101
and shall also give a bond in such amount and with such sureties as shall be approved by the judge of the district court, payable in like manner and with like conditions as required of the registrar. A copy of the bond shall be entered upon the records of said court and the original shall be filed with the registrar.
Amended by 2018 Ch. 88,§ 47, eff. 8/8/2018.
L. 03: p. 317, § 13. R.S. 08: § 726. C.L. § 4936. CSA: C. 40, § 181. CRS 53: § 118-10-13. C.R.S. 1963: § 118-10-13. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 704, § 47, effective August 8.
For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-114 - Nonresident applicant to appoint process agent

If the applicant is not a resident of the state of Colorado, he shall file with his application a paper, duly acknowledged, appointing an agent residing in this state, giving his name in full and his post-office address, and shall therein agree that the service of any legal process in proceedings under or growing out of the application shall be of the same legal effect when made on said agent as if made on the applicant within this state. If the agent so appointed dies or removes from the state, the applicant shall at once make another appointment in like manner, and if he fails to do so, the court may dismiss the application.
L. 03: p. 318, § 14. R.S. 08: § 727. C.L. § 4937. CSA: C. 40, § 182. CRS 53: § 118-10-14. C.R.S. 1963: § 118-10-14.