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 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-186 - Fees paid registrar upon registration - disposition

(1)
Upon the original registration of land under this article, and also upon the entry of a certificate showing title as registered owners in heirs or devisees, there shall be paid to the registrar of titles one-tenth of one percent of the valuation for assessment of the real estate on the basis of the last assessment for general taxation, as an assurance fund.
(2)
All sums of money received by the registrar, as provided for in subsection (1) of this section, shall be forthwith paid by the registrar to the county treasurer of the county in which the land lies for the purpose of an assurance fund under the terms of this article. It is the duty of the county treasurer, whenever the amount on hand in said assurance fund is sufficient, to invest the same, principal and income, and report annually to the district court the condition and income thereof. No investment of the funds, or any part thereof, shall be made without the approval of said court by order entered of record. Said fund shall be invested only in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S.
L. 03: p. 345, §§ 83, 84. R.S. 08: §§ 799, 800. C.L. §§ 5009, 5010. CSA: C. 40, §§ 254, 255. CRS 53: §§ 118-10-86, 118-10-87. C.R.S. 1963: §§ 118-10-86, 118-10-87. L. 89: (2) amended, p. 1126, § 56, 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 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-187 - Indemnity for loss due to mistake or misfeasance

Any person sustaining loss or damage through any omission, mistake, or misfeasance of the registrar of titles, or of any examiner of titles, or of any deputy, or by the mistake or misfeasance of the clerk of the court or any deputy in the performance of their respective duties under the provisions of this article, and any person wrongfully deprived of any land or any interest therein through the bringing of the same under the provisions of this article, or by the registration of any other person as the owner of such land, or by any mistake, omission, or misdescription in any certificate or entry or memorial in the register of titles, or by any cancellation, and who by the provisions of this article is barred or precluded from bringing an action for the recovery of such land, or interest therein, or claim thereon, may bring an action against the treasurer of the county in which said land is situated for the recovery of damages to be paid out of the assurance fund.
L. 03: p. 346, § 85. R.S. 08: § 801. C.L. § 5011. CSA: C. 40, § 256. CRS 53: § 118-10-88. C.R.S. 1963: § 118-10-88.
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 38-36-188 - Defendants to indemnity suit - judgment - how collected

(1)
If such action is for recovery for loss or damage arising only through any omission, mistake, or misfeasance of the registrar of titles, or his deputies, or of any examiner of titles, or any clerk of court, or his deputy in the performance of their respective duties under the provisions of this article, the county treasurer shall be the sole defendant to such action. If such action is brought for loss or damage arising only through the fraud or wrongful act of some person other than the registrar or his deputies, the examiners of title, the clerk of the court, or his deputies, or arising jointly through the fraud or wrongful act of such other persons, and the omission, mistakes, or misfeasance of the registrar of titles or his deputies, the examiners of titles, or the clerk of the court, or his deputies, such action shall be brought against both the county treasurer and such persons.
(2)
In all such actions where there are defendants other than the county treasurer and damages have been recovered, no final judgment shall be entered against the county treasurer until execution against the other defendants shall be returned unsatisfied in whole or in part, and the officer returning the execution shall certify that the amount still due upon the execution cannot be collected except by application to the indemnity fund. Thereupon, the court, being satisfied as to the truth of such return, shall order final judgment against the treasurer for the amount of the execution and costs, or so much thereof as remains unpaid. The county treasurer shall, upon such order of the court and final judgment, pay the amount of such judgment out of the assurance fund. It is the duty of the county attorney to appear and defend all such actions. If the funds in the assurance fund at any time are insufficient to pay any judgment in full, the balance unpaid shall draw interest at the legal rate of interest and be paid with such interest out of the first funds coming into said fund.
L. 03: p. 346, § 86. R.S. 08: § 802. C.L. § 5012. CSA: C. 40, § 257. CRS 53: § 118-10-89. C.R.S. 1963: § 118-10-89.
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 38-36-189 - When assurance fund not liable - maximum judgment

The assurance fund shall not be liable in any action to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage or trust deed. Final judgment shall not be entered against the county treasurer in any action in this article to recover from the assurance fund for more than a fair market value of the real estate at the time of the last payment to the assurance fund on account of the same real estate.
L. 03: p. 347, § 87. R.S. 08: § 803. C.L. § 5013. CSA: C. 40, § 258. CRS 53: § 118-10-90. C.R.S. 1963: § 118-10-90.
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 38-36-190 - Action must be brought within six years - exception

No action or proceeding for compensation for or by reason of any deprivation, loss, or damage occasioned or sustained as provided in this article shall be made, brought, or taken except within the period of six years from the time when the right to bring or take such action or proceeding first accrued. If at the time when such right of action first accrued the person entitled to bring such action or take such proceeding is under the age of eighteen years, insane, imprisoned, or absent from the United States in the service of the United States or of this state, then such person, or anyone claiming from, by, or under him, may bring the action or take the proceeding at any time within two years after such disability is removed, notwithstanding the time before limited in that behalf has expired.
L. 03: p. 347, § 88. R.S. 08: § 804. C.L. § 5014. CSA: C. 40, § 259. CRS 53: § 118-10-91. C.R.S. 1963: § 118-10-91. L. 75: Entire section amended, p. 225, § 83, effective July 16.
For limitations on actions by persons under disability, see article 81 of title 13.
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 38-36-191 - Alteration of certificate only on order of court

(1)
No erasure, alteration, or amendment shall be made upon the register of titles after the entry of a certificate of title or a memorial thereon and the attestation of the same by the registrar of titles, except by order of the court. Any registered owner or other person in interest may at any time apply by petition to the court, upon the ground that registered interests of any description, whether vested, contingent, expectant, or inchoate, have terminated and ceased; or that new interests have arisen or been created which do not appear upon the certificate; or that an error, omission, or mistake was made in entering a certificate or any memorial thereon or any duplicate certificate; or that the name of any person on the certificate has been changed; or that the registered owner has been married, or if registered as married, that the marriage has been terminated; or that a corporation which owned registered land has been dissolved and has not conveyed the same within three years after its dissolution; or upon any other reasonable ground; and the court shall have jurisdiction to hear and determine the petition, after such notice as it may order to all parties in interest, and may order the entry of a new certificate or the entry or cancellation of a memorial upon a certificate, or grant any other relief upon such terms and conditions, requiring security if necessary, as it may deem proper.
(2)
This section shall not be construed to give the court authority to open the original decree of registration, and nothing shall be done or ordered by the court which impairs the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs or assigns, without his or their written consent.
L. 03: p. 348, § 89. R.S. 08: § 805. C.L. § 5015. CSA: C. 40, § 260. CRS 53: § 118-10-92. C.R.S. 1963: § 118-10-92.
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 38-36-192 - Theft of certificate

Certificates of title and duplicate certificates entered or issued under this article shall be subjects of theft, and anyone stealing any such certificate commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 03: p. 349, § 90. R.S. 08: § 806. C.L. § 5016. CSA: C. 40, § 261. CRS 53: § 118-10-93. C.R.S. 1963: § 118-10-93. L. 67: p. 578, § 18. L. 77: Entire section amended, p. 886, § 70, effective 7/1/1979. L. 89: Entire section amended, p. 851, § 140, effective July 1. L. 2002: Entire section amended, p. 1554, § 341, effective October 1.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).
For the legislative declaration in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 38-36-193 - Perjury

Whoever knowingly swears falsely to any statement required by this article to be made under oath is guilty of perjury in the second degree and, upon conviction thereof, is liable to the statutory penalties therefor.
L. 03: p. 349, § 91. R.S. 08: § 807. C.L. § 5017. CSA: C. 40, § 262. CRS 53: § 118-10-94. C.R.S. 1963: § 118-10-94. L. 72: p. 567, § 43.
For perjury in the second degree and the penalty therefor, see §§ 18-8-503 and 18-1.3-501.
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 38-36-194 - Fraudulently procuring certificate a felony

Whoever fraudulently procures, or assists in fraudulently procuring, or is privy to the fraudulent procurement of any certificate of title or other instrument, or of any entry in the register of titles or other book kept in the office of the registrar of titles, or of any erasure or alteration in any entry in any such book or in any instrument authorized by this article, or whoever knowingly defrauds or is privy to defrauding any person by means of a false or fraudulent instrument, certificate, statement, or affidavit affecting registered land, commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 03: p. 349, § 92. R.S. 08: § 808. C.L. § 5018. CSA: C. 40, § 263. CRS 53: § 118-10-95. C.R.S. 1963: § 118-10-95. L. 77: Entire section amended, p. 886, § 71, effective 7/1/1979. L. 89: Entire section amended, p. 851, § 141, effective July 1. L. 2002: Entire section amended, p. 1555, § 342, effective October 1.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).
For the legislative declaration in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 38-36-195 - Forging seal or signature a felony

Whoever forges, or procures to be forged, or assists in forging the seal of the registrar, or the name, signature, or handwriting of any officer of the registry office, in cases where such officer is expressly or impliedly authorized to affix his or her signature; or forges, or procures to be forged, or assists in forging the name, signature, or handwriting of any person whomsoever to any instrument which is expressly or impliedly authorized to be signed by such person; or uses any document upon which any impression or part of the impression of any seal of said registrar has been forged, knowing the same to have been forged, or any document the signature to which has been forged, commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 03: p. 349, § 93. R.S. 08: § 809. C.L. § 5019. CSA: C. 40, § 264. CRS 53: § 118-10-96. C.R.S. 1963: § 118-10-96. L. 77: Entire section amended, p. 886, § 72, effective 7/1/1979. L. 89: Entire section amended, p. 852, § 142, effective July 1. L. 2002: Entire section amended, p. 1555, § 343, effective October 1.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).
For the legislative declaration in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 38-36-196 - Remedy against one criminally liable not affected

No proceeding or conviction for any act declared to be a felony shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act or against his estate.
L. 03: p. 350, § 94. R.S. 08: § 810. C.L. § 5020. CSA: C. 40, § 265. CRS 53: § 118-10-97. C.R.S. 1963: § 118-10-97.
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 38-36-197 - Docket fees - expenses of publication

(1)
On the filing of any application for registration the applicant shall pay to the clerk of the court such docket and clerk fees as are provided by law for civil actions and proceedings.
(2)
Any defendant, on entering his appearance, shall pay to the clerk of the court such fees as are provided by law for costs in civil actions and proceedings.
(3)
Every publication in a newspaper required by this article shall be paid for by the party on whose application the order of publication is made in addition to the fees prescribed in subsections (1) and (2) of this section. The party at whose request any notice is issued shall pay for the service of the same, except when sent by mail by the clerk of the court or registrar of titles.
(4)
Any petitioner, respondent, or defendant, upon entering his appearance in any supplemental proceeding following the entry of the original decree of registration, shall pay such docket fee as is provided by law to be paid by a defendant in civil actions.
L. 03: p. 350, § 95. R.S. 08: § 811. C.L. § 5021. CSA: C. 40, § 266. CRS 53: § 118-10-98. L. 63: p. 778, § 1. C.R.S. 1963: § 118-10-98.
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 38-36-198 - Fees to be paid registrar - application of fees

(1)
The fees to be paid to the registrar of titles shall be as follows:
(a)
At or before the time of filing of the certified copy of the application with said registrar, the applicant shall pay to said registrar the fee prescribed by section
38-36-186
;
(b)
For granting certificates of title upon each application and registering the same, twenty dollars;
(c)
For registering each transfer, including the filing of all instruments connected therewith, and the issuance and registration of the instruments connected therewith, and the issuance and registration of the new certificates of title, twenty dollars;
(d)
When the land transferred is held upon any trust condition or limitation, an additional fee of five dollars;
(e)
For entry of each memorial on the register of titles, including the filing of all instruments and papers connected therewith, and endorsements upon duplicate certificates, ten dollars;
(f)
For issuing each additional owner's duplicate certificate, mortgagee's duplicate certificate, or lessee's duplicate certificate, ten dollars;
(g)
For filing copy of will with letters testamentary, or filing copy of letters of administration and entering memorial thereof, ten dollars;
(h)
For the cancellation of each memorial or charge, ten dollars;
(i)
For each certificate showing condition of the register of titles, twenty dollars;
(j)
For any certified copy of any instrument or writing on file in his office, the same fees now allowed by law to county clerk and recorders for like service;
(k)
For any other service required or necessary to carry out this article, and not itemized in this section, such fee as the court determines and establishes.
(2)
One-half of all fees provided for in subsection (1) of this section shall be collected by the registrar and paid to the county treasurer of the county in which the fees are paid, to be used for the current expenses of the county. All the remaining fees provided for in subsection (1) of this section shall be collected by said registrar and applied the same as the other fees of his office; but his salary as county clerk and recorder, as provided by law, shall not be increased on account of the additional duties, or by reason of the allowance of additional fees provided for in this article; and the said registrar, as such, shall receive no salary.
L. 03: pp. 350, 351, §§ 96, 97. R.S. 08: §§ 812, 813. C.L. §§ 5022, 5023. CSA: C. 40, §§ 267, 268. CRS 53: §§ 118-10-99, 118-10-100. L. 63: p. 780, § 1. C.R.S. 1963: §§ 118-10-99, 118-10-100. L. 83: (1)(a) to (1)(c) and (1)(e) to (1)(i) amended, p. 1468, § 1, effective March 29. L. 91: (1)(b) to (1)(i) amended, p. 710, § 10, effective July 1.
For fees allowed to county clerk and recorders, see § 30-1-103.
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 38-36-199 - Article liberally construed

(1)
This article shall be construed liberally, so far as may be necessary for the purpose of carrying out its general intent, which is that any owner of land may register his title and bring his land under the provisions of this article, but no one is required to do so.
(2)
All laws and parts of laws, if any, necessarily in conflict with this article are repealed, but this article is not intended to interfere with the present system of recording, transferring, or dealing in any real estate, not brought under the provisions of this article.
L. 03: p. 352, §§ 98, 99. R.S. 08: §§ 814, 815. C.L. §§ 5024, 5025. CSA: C. 40, §§ 269, 270. CRS 53: §§ 118-10-101, 118-10-102. C.R.S. 1963: §§ 118-10-101, 118-10-102.
The repeal provided for in subsection (2) was originally enacted in 1903.
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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-201 - Short title

The short title of this part 2 is "The Conclusion of the Torrens Title Registration Act".
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 827, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Adverse instrument" means any document, instrument, paper, or order that adversely affects, but does not convey, the fee title to registered land, and the validity of which is not dependent upon consent by an owner of the registered land or some person claiming by, through, or under that owner.
(2)
"Certificate of title" means a current certificate of title issued under part 1 of this article 36.
(3)
"Conveyance instrument" means any document, instrument, paper, or order that:
(a)
Conveys the fee title to registered land; or
(b)
Affects the title to registered land and the validity of which is dependent upon consent by an owner of the registered land or some person claiming by, through, or under that owner.
(4)
"Registered land" means real property and an interest in real property, the title to which has been registered under part 1 of this article 36.
(5)
"Registrar" means a clerk and recorder of a county who is a registrar of title in his or her respective county in accordance with section
38-36-109
.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 827, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-203 - Registration - adverse instruments

On and after August 9, 2017, and before January 1, 2020, the registrar shall only accept an adverse instrument for registration on registered land under part 1 of this article 36.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 827, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-204 - Registration - conveyance instruments - recording

(1)
On and after August 9, 2017, and before January 1, 2020, the registrar shall refuse to accept a conveyance instrument for registration under part 1 of this article 36. Instead of accepting the conveyance instrument for registration, the registrar shall record in the office of the county clerk and recorder under article
35
of this title 38:
(a)
Each certificate of title, with all notations, certifications, memorials, and endorsements thereon, to all lands affected by the conveyance instrument; and
(b)
The conveyance instrument, if the related recording fees have been paid.
(2)
In the absence of extenuating circumstances, the registrar shall record the certificate of title and conveyance instrument as set forth in subsection (1) of this section within three business days of receiving the conveyance instrument. Before recording the certificate of title, the registrar shall memorialize on the certificate any instruments, documents, papers, or orders that have been filed with the registrar and that have not yet been memorialized.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 828, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-205 - Certificate of title - recording - notice

(1)
On or before January 1, 2020, the registrar shall remove all the remaining registered land from registration by recording in the office of the county clerk and recorder under article
35
of this title 38 a certificate of title, with all notations, certifications, memorials, and endorsements thereon, for each parcel of registered land within the county.
(2)
(a)
At least ninety days prior to recording a certificate of title under this section, a registrar shall mail a notice to each owner at the residence of the owner identified on the certificate of title or to the address for the owner in the records maintained by the county assessor. If there is no known address for the owner or if the notice is returned as undeliverable, the registrar shall place a legal notice that meets the requirements set forth in section
24-70-103
in a newspaper in the county where the property is located.
(b)
The registrar shall include the following information in the notice required under subsection (2)(a) of this section:
(I)
A description of the registered land;
(II)
The name of each owner of the registered land that is listed on the certificate of title;
(III)
The certificate of title number;
(IV)
A statement that the torrens title registration system is being repealed and that, on or before January 1, 2020, the registered land will be removed from the torrens title registration system and recorded with the clerk and recorder, but prior to the removal, the owner may remove the registered land under section
38-36-136
; and
(V)
The address and telephone number for the registrar's office.
(3)
Before recording a certificate of title under this section, the registrar shall memorialize on the certificate any instruments, documents, papers, or orders that have been filed with the registrar and that have not yet been memorialized.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 828, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-206 - Recording fees - waived

A registrar shall not charge any fees for recording a certificate of title under section
38-36-204
or
38-36-205
.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 829, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-207 - New chain of record

(1)
The recording of a certificate of title under section
38-36-204
or
38-36-205
removes the land described in the certificate from this article 36 with the same effect as withdrawal pursuant to section
38-36-136
. After the recording, the recorded certificate of title constitutes a new chain of record title in the registered owner of any estate or interest as shown on the certificate, subject only to estates, mortgages, liens, charges, and interests as may be noted on the certificate, and free from all others except the following:
(a)
Any existing lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
(b)
All public highways embraced in the description of the land included in the certificates are deemed to be excluded from the certificate, and any subsisting right-of-way or other easement for ditches or water rights upon, over, or in respect to the land;
(c)
Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title; and
(d)
Liens, claims, or rights, if any, arising or existing under the constitution or laws of the United States, and which the statutes of this state cannot or do not require to appear of record in the office of the county clerk and recorder.
(2)
After a registrar records a certificate of title under section
38-36-204
or
38-36-205
, title to lands is conveyed or encumbered in the same manner as title to unregistered lands. All instruments shown as memorials on the certificates of title so recorded have the same force and effect as if they were filed with the clerk and recorder at the time they were filed or were otherwise memorialized on the certificates. No instrument that was filed or recorded in any other public office before the recording as provided in this part 2, but that was not duly registered, is effective or constitutes public notice as to those lands as a result of the recording; except that the instrument may be recorded thereafter.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 829, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-208 - Effect of recording

(1)
Recording of a certificate of title under section
38-36-204
or
38-36-205
has no effect on any proceedings under the registry system where the question of title to the real property has been determined. All proceedings conducted in connection with the registering of title that relate to the settlement or determination of the title before the recording and all provisions of part 1 of this article 36 that relate to the status of the title, including section
38-36-137
, have continuing force and effect with respect to the period of time that title remained under the registry system.
(2)
Any provision of part 1 of this article 36 that gives rise to a right of action for damages against the county treasurer has continuing force and effect with respect to the period of time that title remained under the registry system.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 830, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-209 - Rights

(1)
Nothing contained in this act terminates, diminishes, or impairs any existing right in or pertaining to registered land, and that right may be asserted and enforced in the same manner, to the same extent, and subject to the same limitations as provided in part 1 of this article 36. The recording of a certificate of title under section
38-36-204
or
38-36-205
does not change the date from which a right to bring an action or proceeding first accrues under section
38-36-190
for a prior deprivation, loss, or damage.
(2)
If the owner of registered land is a vendor who holds after-acquired title in trust for a vendee as provided in section
38-30-104
, the recording of a certificate of title under section
38-36-204
or
38-36-205
does not affect the rights of the vendee or the duties of the vendor under section
38-30-104
.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 830, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-210 - Voluntary withdrawals

At any time prior to registered land being recorded under section
38-36-204
or
38-36-205
, an owner may withdraw the registered land from registration under the procedures set forth in section
38-36-136
.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 830, § 3, 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 2 - TORRENS CONCLUSION (§§ 38-36-201 — 38-36-211) › Section 38-36-211 - Maintenance of records

After recording a certificate of title under section
38-36-205
or
38-36-206
, a registrar shall continue to preserve and maintain all records that have been received under this article 36.
Added by 2017 Ch. 212,§ 3, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-140), ch. 212, p. 830, § 3, 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 36.5 - [Effective 8/7/2024] UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS ACT (§§ 38-36.5-101 — 38-36.5-109) › Section 38-36.5-101 - [Effective 8/7/2024] Title

This article 36.5 may be cited as the "Uniform Unlawful Restrictions in Land Records Act".
Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.
2024 Ch. 149, 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 36.5 - [Effective 8/7/2024] UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS ACT (§§ 38-36.5-101 — 38-36.5-109) › Section 38-36.5-102 - [Effective 8/7/2024] Definitions

As used in this article 36.5:
(1)
"Amendment" means a document that removes an unlawful restriction.
(2)
"Association of owners" has the same meaning as "association" as set forth in section 38-33.3-103 (3).
(3)
"Common interest community" has the same meaning as set forth in section 38-33.3-103 (8).
(4)
"Document" means a record recorded or eligible to be recorded in land records.
(5)
"Governing instrument" has the same meaning as "declaration", as defined in section 38-33.3-103 (13).
(6)
"Grantee index" means the grantee index maintained in a recorder's office pursuant to section 30-10-408.
(7)
"Grantor index" means the grantor index maintained in a recorder's office pursuant to section 30-10-408.
(8)
"Land records" means the real estate records in the office of the recorder pursuant to section 30-10-406 (1).
(9)
"Owner" means a person that has a fee interest in real property.
(10)
"Person" means an individual, business trust, estate, trust, corporation, partnership, limited liability company, association, joint venture, public corporation or other business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(11)
"Record", used as a noun, means information:
(a)
Inscribed on a tangible medium; or
(b)
Stored in an electronic or other medium and retrievable in perceivable form.
(12)
"Recorder" means a county clerk and recorder.
(13)
"Remove" means eliminate any apparent or purportedly continuing effect on title to real property.
(14)
"Unlawful restriction" means a prohibition, restriction, covenant, or condition in a document that purports to interfere with or restrict the transfer, use, or occupancy of real property:
(a)
On the basis of race, color, religion, national origin, sex, familial status, disability, or other personal characteristics; and
(b)
In violation of other law of this state, including section 24-34-502, regarding unfair or discriminatory housing practices, or federal law.
Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.
2024 Ch. 149, 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 36.5 - [Effective 8/7/2024] UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS ACT (§§ 38-36.5-101 — 38-36.5-109) › Section 38-36.5-103 - [Effective 8/7/2024] Amendment by owner

An owner of real property subject to an unlawful restriction may submit to the recorder for recordation in the land records an amendment to remove the unlawful restriction, but only as to the owner's property.
Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.
2024 Ch. 149, 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 36.5 - [Effective 8/7/2024] UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS ACT (§§ 38-36.5-101 — 38-36.5-109) › Section 38-36.5-104 - [Effective 8/7/2024] Amendment by association of owners

(1)
The governing body of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction.
(2)
A member of an association of owners may request, in a record that sufficiently identifies an unlawful restriction in the governing instrument, that the governing body exercise its authority under subsection (1) of this section. No later than ninety days after the governing body receives the request, the governing body shall determine reasonably and in good faith whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body, no later than ninety days after the determination, shall amend the governing instrument to remove the unlawful restriction.
(3)
An officer of the association of owners designated by the association of owners or, in the absence of designation, the president of the association of owners, acting on behalf of the association of owners, shall prepare, execute, Record, and certify an amendment adopted pursuant to this section.
(4)
An amendment under this section is effective notwithstanding any provision of the governing instrument or other law of this state that requires a vote of the members of the association of owners to amend the governing instrument.
Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.
2024 Ch. 149, 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 36.5 - [Effective 8/7/2024] UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS ACT (§§ 38-36.5-101 — 38-36.5-109) › Section 38-36.5-105 - [Effective 8/7/2024] Requirements and limitations of amendment

(1)
An amendment under this article 36.5 must identify, for an amendment by an owner pursuant to section 38-36.5-103, the owner, and for an amendment by an association of owners pursuant to section 38-36.5-104, the name of the common interest community and the association. All amendments must include a description of the real property affected and a reference to the document recorded in the land records containing the unlawful restriction. All amendments must include a conspicuous statement in substantially the following form: "This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land Records Act. This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction."
(2)
(a)
The amendment must be executed and acknowledged in the manner required for recordation of a document in the land records. The amendment must be recorded in the land records of each county in which the document containing the unlawful restriction is recorded.
(b)
For an amendment by an owner pursuant to section 38-36.5-103, the recorder shall index the amendment in the grantor and grantee index in the name of the record owner. For an amendment by an association of owners pursuant to section 38-36.5-104, the recorder shall index the amendment in the grantee index in the name of the common interest community created pursuant to the governing instrument and in the name of the association of owners and in the grantor index in the name of the record owner.
(3)
The amendment does not affect the validity or enforceability of any restriction that is not an unlawful restriction.
(4)
The amendment or a future conveyance of the affected real property is not a republication of a restriction that otherwise would expire by passage of time under other law of this state.
Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.
2024 Ch. 149, 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 36.5 - [Effective 8/7/2024] UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS ACT (§§ 38-36.5-101 — 38-36.5-109) › Section 38-36.5-107 - [Effective 8/7/2024] Duty and liability of recorder

(1)
The recorder shall record an amendment submitted under this article 36.5, add the amendment to the grantor or grantee index, as appropriate, and cross reference the amendment to the document containing the unlawful restriction.
(2)
The recorder and the recorder's jurisdiction are not liable for recording an amendment under this article 36.5, for the absence of a recorded amendment under this article 36.5, or for any failure or inaccuracies in cross-referencing the amendment to the document containing the unlawful restriction.
Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.
2024 Ch. 149, 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 36.5 - [Effective 8/7/2024] UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS ACT (§§ 38-36.5-101 — 38-36.5-109) › Section 38-36.5-108 - [Effective 8/7/2024] Uniformity of application and construction

In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.
2024 Ch. 149, 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 36.5 - [Effective 8/7/2024] UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS ACT (§§ 38-36.5-101 — 38-36.5-109) › Section 38-36.5-109 - [Effective 8/7/2024] Relation to electronic signatures in global and national commerce act

This article 36.5 modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq., as amended, but does not modify, limit, or supersede 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in 15 U.S.C. sec. 7003 (b).
Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.
2024 Ch. 149, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 38-37-100.5 - Definitions

The definitions in section
38-38-100.3
apply to this article unless the context otherwise requires.
L. 2007: Entire section added, p. 1830, § 2, effective 1/1/2008.