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 38-36-151 - Duplicates - certified copies

Duplicates of all instruments, voluntary or involuntary, filed and registered in the office of the registrar of titles, may be presented with the originals, and shall be attested and sealed by the registrar of titles, and endorsed with the file number and other memoranda on the originals, and may be taken away by the person presenting the same. Certified copies of all instruments filed and registered may be obtained from the registrar of titles on the payment of a fee of the same amount as is allowed the county clerk and recorder for a like certified copy.
L. 03: p. 331, § 48. R.S. 08: § 764. C.L. § 4974. CSA: C. 40, § 219. CRS 53: § 118-10-51. C.R.S. 1963: § 118-10-51.
For fees of county clerk and recorders for certified copies, 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 38-36-152 - Title not divested - interests less than freehold

(1)
No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple of said land or some part thereof from the owner or one of the registered owners. All interest in the registered land less than a freehold estate shall be registered by filing with the registrar of titles the instruments creating, transferring, or claiming such interest, and by a brief memorandum or memorial thereof made by a registrar of titles upon the certificate of title, and signed by him. A similar memorandum or memorial shall also be made on the owner's duplicate.
(2)
The cancellation or extinguishment of such interests shall be registered in the same manner. When any party in interest does not agree as to the proper memorial to be made upon the filing of any instrument presented for registration, or where the registrar of titles is in doubt as to the form of such memorial, the question shall be referred to the court for decision, either on the certificate of the registrar of titles or upon the demand in writing of any party in interest.
(3)
The registrar of titles shall bring before the court all the papers and evidence which may be necessary for the determination of the question by the court. The court, after notice to all parties in interest and a hearing, shall enter an order prescribing the form of the memorial, and the registrar of titles shall make registration in accordance therewith.
L. 03: p. 331, § 49. R.S. 08: § 765. C.L. § 4975. CSA: C. 40, § 220. CRS 53: § 118-10-52. C.R.S. 1963: § 118-10-52.
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 38-36-153 - When owner's certificate must be presented - effect of presentation

No new certificates of titles shall be entered, and no memorial shall be made upon any certificate of title in pursuance of any deed or other voluntary instrument unless the owner's duplicate certificate is presented with such instrument, except in cases provided for in this article, or upon the order of the court, for cause shown. Whenever such order is made, a memorial therefor shall be entered, or a new certificate issued, as directed by said order. The production of the owner's duplicate certificate, whenever any voluntary instrument is presented for registration, shall be conclusive authority from the registered owner to the registrar of titles to enter a new certificate or to make a memorial of registration in accordance with such instrument, and a new certificate or memorial shall be binding upon the registered owner and upon all persons claiming under him, in favor of every purchaser for value and in good faith.
L. 03: p. 332, § 50. R.S. 08: § 766. C.L. § 4976. CSA: C. 40, § 221. CRS 53: § 118-10-53. C.R.S. 1963: § 118-10-53.
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 38-36-154 - Certified copy of owner's duplicate certificates

(1)
In the event that an owner's duplicate certificate of title is lost, mislaid, or destroyed, the owner may make affidavit of the fact before any officer authorized to administer oaths, stating, with particularity, the facts relating to such loss, mislaying, or destruction, and shall file the same in the office of the registrar of titles.
(2)
Any party in interest may thereupon apply to the court, and the court shall, upon proofs of the facts set forth in the affidavit, enter an order directing the registrar of titles to make and issue a new owner's duplicate certificate. Such new owner's duplicate certificate shall be printed or marked "certified copy of owner's duplicate certificate", and such certified copy shall stand in the place of and have like effect as the owner's duplicate certificate.
L. 03: p. 333, § 51. R.S. 08: § 767. C.L. § 4977. CSA: C. 40, § 222. CRS 53: § 118-10-54. C.R.S. 1963: § 118-10-54.
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 38-36-155 - Mode of conveying registered land

An owner of registered land conveying the same, or any portion thereof, in fee, shall execute a deed of conveyance which the grantor shall file with the registrar of titles in the county where the land lies. The owner's duplicate certificate shall be surrendered, at the same time, and shall be by the registrar marked "canceled". The original certificate of title shall also be marked "canceled". The registrar of titles shall thereupon enter in the register of titles a new certificate of title to the grantee, and shall prepare and deliver to such grantee an owner's duplicate certificate. All encumbrances, claims, or interests adverse to the title of the registered owner shall be stated upon the new certificate, except insofar as they may be simultaneously released or discharged. When only a part of the land described in a certificate is transferred, or some estate or interest in the land remains in the transferor, a new certificate shall be issued to him for the part, estate, or interest remaining to him.
L. 03: p. 333, § 52. R.S. 08: § 768. C.L. § 4978. CSA: C. 40, § 223. CRS 53: § 118-10-55. C.R.S. 1963: § 118-10-55.
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 38-36-156 - Certificate that taxes have been paid

Before any deed, plat, or other instrument affecting registered land is filed or registered in the office of the registrar of titles, the owner shall present a certificate from the county treasurer showing that all taxes then due thereon have been paid.
L. 03: p. 334, § 53. R.S. 08: § 769. C.L. § 4979. CSA: C. 40, § 224. CRS 53: § 118-10-56. C.R.S. 1963: § 118-10-56.
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 38-36-157 - Registered land subject to same laws as unregistered land

Registered land and ownership therein shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land. Nothing in this article shall in any way be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife, or from liability to attachment on mesne process, or levy on execution, or from liability of any lien of any description established by law on land and the improvements thereon, or the interest of the owner in such land or improvements, or to change the laws of descent, or the rights of partition between cotenants, or the right to take the same by eminent domain, or to relieve such land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the provisions of law relating thereto, or to change or affect in any way any other rights or liabilities created by law and applicable to unregistered land, except as otherwise expressly provided in this article.
L. 03: p. 334, § 54. R.S. 08: § 770. C.L. § 4980. CSA: C. 40, § 225. CRS 53: § 118-10-57. C.R.S. 1963: § 118-10-57.
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 38-36-158 - Powers of attorney

Any person may by attorney convey or otherwise deal with registered land, but the letters or power of attorney shall be acknowledged and filed with the registrar of titles and registered. Any instrument revoking such letters or power of attorney shall be acknowledged in like manner.
L. 03: p. 334, § 55. R.S. 08: § 771. C.L. § 4981. CSA: C. 40, § 226. CRS 53: § 118-10-58. C.R.S. 1963: § 118-10-58.
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 38-36-159 - Encumbrances must be registered

The owner of registered land may mortgage or encumber the same by executing a trust deed or other instrument sufficient in law for that purpose, and such instrument may be assigned, extended, discharged, released in whole or in part, or otherwise dealt with by the mortgagee by any form of instrument sufficient in law for the purpose. But such trust deed or other instrument, and all instruments assigning, extending, discharging, releasing, or otherwise dealing with the encumbrance, shall be registered and take effect upon the title only from the time of registration.
L. 03: p. 334, § 56. R.S. 08: § 772. C.L. § 4982. CSA: C. 40, § 227. CRS 53: § 118-10-59. C.R.S. 1963: § 118-10-59.
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 38-36-160 - Trust deed deemed a mortgage - how registered

(1)
A trust deed shall be deemed to be a mortgage, and be subject to the same rules as a mortgage, excepting as to the manner of the foreclosure thereof. The registration of a mortgage shall be made in the following manner: The owner's duplicate certificate shall be presented to the registrar of titles with the mortgage deed or instrument to be registered, and the registrar shall enter upon the original certificate of title and also upon the owner's duplicate certificate a memorial of the purport of the instrument registered, the time of filing and the file number of the registered instrument. He shall also note upon the instrument registered the time of filing and a reference to the volume and page of the register of title wherein the same is registered.
(2)
The registrar of titles shall also, at the request of the mortgagee, make out and deliver to him a duplicate certificate of title, like the owner's duplicate; except that the words "mortgagee's duplicate" shall be written or printed upon such certificate in large letters, diagonally across the face. A memorandum of the issuance of the mortgagee's duplicate shall be made upon the certificate of title.
L. 03: p. 335, § 57. R.S. 08: § 773. C.L. § 4983. CSA: C. 40, § 228. CRS 53: § 118-10-60. C.R.S. 1963: § 118-10-60.
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 38-36-161 - Assignment, cancellation, and release of mortgage

Whenever a mortgage upon which a mortgagee's duplicate has been issued is assigned, extended, or otherwise dealt with, the mortgagee's duplicate shall be presented with the instrument assigning, extending, or otherwise dealing with the mortgage, and a memorial of the instrument shall be made upon the mortgagee's duplicate and upon the original certificate of title. When the mortgage is discharged or otherwise extinguished, the mortgagee's duplicate shall be surrendered and stamped "canceled". In case only a part of the charge or of the land is intended to be released, discharged, or surrendered, the entry shall be made by a memorial accordingly in like manner as before provided for a release or discharge. The production of the mortgagee's duplicate certificate shall be conclusive authority to register the instrument therewith presented. A mortgage on registered land may be discharged in whole or in part by the mortgagee in person on the register of titles in the same manner as a mortgage on unregistered land may be discharged by an entry on the margin of the record thereof in the county clerk and recorder's office, and such discharge shall be attested by the registrar of titles.
L. 03: p. 335, § 58. R.S. 08: § 774. C.L. § 4984. CSA: C. 40, § 229. CRS 53: § 118-10-61. C.R.S. 1963: § 118-10-61.
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 38-36-162 - Foreclosure of mortgage

All charges upon registered land, or any estate or interest in the same, and any right thereunder may be enforced as is permitted by law, and all laws relating to the foreclosure of mortgages shall apply to mortgages upon registered land or any estate or interest therein, except as otherwise provided in this section, and except that a notice of the pendency of any suit or of any proceeding to enforce or foreclose the mortgage or any charge shall be filed in the office of the registrar of titles, and a memorial thereof entered on the register at the time of or prior to the commencement of such suit or the beginning of any such proceeding. A notice so filed and registered shall be notice to the registrar of titles and all persons dealing with the land or any part thereof. When a mortgagee's duplicate has been issued, such duplicate shall, at the time of the registering of the notice, be presented, and a memorial of such notice shall be entered upon the mortgagee's duplicate.
L. 03: p. 336, § 59. R.S. 08: § 775. C.L. § 4985. CSA: C. 40, § 230. CRS 53: § 118-10-62. C.R.S. 1963: § 118-10-62.
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 38-36-163 - Registration of final decree - new certificate issued

In any action affecting registered land a judgment or final decree is entitled to registration on the presentation of a certified copy of the entry thereof from the clerk of the court where the action is pending to the registrar of titles. The registrar of titles shall enter a memorial thereof upon the original certificates of title and upon the owner's duplicate, and also upon the mortgagee's and lessee's duplicate, if any are outstanding. When the registered owner of such land is by such judgment or decree divested of his estate in fee to the land or any part thereof, the plaintiff or defendant shall be entitled to a new certificate of title for the land or that part thereof designated in the judgment or decree, and the registrar of titles shall enter such new certificate of title and issue a new owner's duplicate in such manner as is provided in the case of a voluntary conveyance. No such new certificate shall be entered except upon the application to the district court of the county and upon the filing in the office of the registrar of titles an order of the court directing the entry of such new certificate.
L. 03: p. 336, § 60. R.S. 08: § 776. C.L. § 4986. CSA: C. 40, § 231. CRS 53: § 118-10-63. C.R.S. 1963: § 118-10-63.
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 38-36-164 - Title acquired by action registered - when certificate issues

Any person who has, by any action or proceeding to enforce or foreclose any mortgage, lien, or charge upon registered land, become the owner in fee of the land or any part thereof shall be entitled to have his title registered, and the registrar of titles shall, upon application therefor, enter a new certificate of title for the land, or that part thereof of which the applicant is the owner, and issue an owner's duplicate in such manner as in the case of a voluntary conveyance of registered land. No such new certificate of title shall be entered, except after the time to redeem from such foreclosure has expired and upon the filing in the office of the registrar of titles an order of the district court of the county directing the entry of such new certificates.
L. 03: p. 337, § 61. R.S. 08: § 777. C.L. § 4987. CSA: C. 40, § 232. CRS 53: § 118-10-64. C.R.S. 1963: § 118-10-64.
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 38-36-165 - Petition to court for new certificate

In all cases wherein by this article it is provided that a new certificate of title to registered land shall be entered by order of the court, a person applying for such new certificate shall apply to the court by petition, setting forth the facts, and the court shall, after notice given to all parties in interest, as the court may direct, and upon hearing, make an order or decree for the entry of a new certificate to such person as shall appear to be entitled thereto.
L. 03: p. 337, § 62. R.S. 08: § 778. C.L. § 4988. CSA: C. 40, § 233. CRS 53: § 118-10-65. C.R.S. 1963: § 118-10-65.
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 38-36-166 - Registration of leases

Leases for registered land for a term of three years or more shall be registered in like manner as a mortgage, and the provisions of section
38-36-160
relating to the registration of mortgages shall also apply to the registration of leases. The registrar shall, at the request of the lessee, make out and deliver to him a duplicate of the certificate of title like the owner's duplicate, except the words "lessee's duplicate" shall be written or printed upon it in large letters diagonally across its face.
L. 03: p. 337, § 63. R.S. 08: § 779. C.L. § 4989. CSA: C. 40, § 234. CRS 53: § 118-10-66. C.R.S. 1963: § 118-10-66.
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 38-36-167 - How transfer in trust registered

(1)
Whenever a deed or other instrument is filed in the office of the registrar of titles for the purpose of effecting a transfer of, or a charge upon, the registered land or any estate or interest in the same, and it appears that the transfer or charge is to be in trust, or upon condition or limitation expressed in such deed or instrument, such deed or instrument shall be registered in the usual manner; except that the particulars of the trust, condition, limitation, or other equitable interest shall not be entered upon the certificate of title by memorial, but a memorandum or memorial shall be entered by the words "in trust" or "upon condition", or other apt words, and by reference by number to the instrument authorizing or creating the same. A similar memorial shall be made upon the owner's duplicate certificate.
(2)
No transfer of or charge upon or dealing with the land or estate, or interest therein, shall thereafter be registered, except upon an order of the court first filed in the office of the registrar of titles directing such transfer, charge, or dealing in accordance with the true intent and meaning of the trust, condition, or limitation. Such registration shall be conclusive evidence in favor of the person taking such transfer, charge, or right, and those claiming under him, in good faith and for a valuable consideration, that such transfer, charge, or other dealing is in accordance with the true intent and meaning of the trust, condition, or limitation.
L. 03: p. 338, § 64. R.S. 08: § 780. C.L. § 4990. CSA: C. 40, § 235. CRS 53: § 118-10-67. C.R.S. 1963: § 118-10-67.
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 38-36-168 - New trustee - new certificate

When the title to registered land passes from a trustee to a new trustee, a new certificate shall be entered to him and shall be registered in like manner, as upon an original conveyance in trust.
L. 03: p. 338, § 65. R.S. 08: § 781. C.L. § 4991. CSA: C. 40, § 236. CRS 53: § 118-10-68. C.R.S. 1963: § 118-10-68.
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 38-36-169 - Trustee may apply for registration of land

Any trustee shall have authority to file an application for the registration of any land held in trust by him, unless expressly prohibited by the instrument creating the trust.
L. 03: p. 338, § 66. R.S. 08: § 782. C.L. § 4992. CSA: C. 40, § 237. CRS 53: § 118-10-69. C.R.S. 1963: § 118-10-69.
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 38-36-170 - Certificate of title number on all filings and registrations

In every case where a writing of any description, or a copy of any writ, order, or decree is required by law to be filed or recorded in order to create or preserve any lien, right, or attachment upon unregistered land, such writing or copy when intended to affect registered land, in lieu of recording, shall be filed and registered in the office of the registrar of titles in the county in which the land lies, and, in addition to any particulars required in such papers for the filing or recording, shall also contain a reference to the number of the certificate of title of the land to be affected, and also, if the attachment, right, or lien is not claimed on all the land in any certificate of title, a description sufficiently accurate for the identification of the land intended to be affected.
L. 03: p. 339, § 67. R.S. 08: § 783. C.L. § 4993. CSA: C. 40, § 238. CRS 53: § 118-10-70. C.R.S. 1963: § 118-10-70.
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 38-36-171 - How attachments, liens, and other rights enforced

All attachments, liens, and rights of every description shall be enforced, continued, reduced, discharged, and dissolved by any proceeding or method sufficient and proper in law to enforce, continue, reduce, discharge, or dissolve like liens on unregistered land. All certificates, writings, or other instruments permitted or required by law to be filed or recorded to give effect to the enforcement, continuance, reduction, discharge, or dissolution of attachment, liens, or other rights upon registered land, or to give notice of such enforcement, continuance, reduction, discharge, or dissolution, shall, in the case of like attachments, liens, or other rights upon registered land, be filed with the registrar of titles and registered in the register of titles, in lieu of filing or recording.
L. 03: p. 339, § 68. R.S. 08: § 784. C.L. § 4994. CSA: C. 40, § 239. CRS 53: § 118-10-71. C.R.S. 1963: § 118-10-71.
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 38-36-172 - Name and address of plaintiff's attorney

The name and address of the attorney for the plaintiff in every action affecting the title to registered land shall be endorsed upon the writ or other writing filed in the office of the registrar of titles, and he shall be deemed the attorney of the plaintiff until written notice that he has ceased to be such plaintiff's attorney shall be filed for registration by the plaintiff.
L. 03: p. 339, § 69. R.S. 08: § 785. C.L. § 4995. CSA: C. 40, § 240. CRS 53: § 118-10-72. C.R.S. 1963: § 118-10-72.
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 38-36-173 - When judgment becomes a lien

A judgment, decree, or order of any court shall be a lien upon or affect registered land or any estate or interest therein only when a certificate under the hand and official seal of the clerk of the court in which the same is of record, stating the date and purport of the judgment, decree, or order, or a certified copy of such judgment, decree, or order, or transcript of the judgment docket, is filed in the office of the registrar of titles and a memorial of the same is entered upon the register of the last certificate of the title affected.
L. 03: p. 339, § 70. R.S. 08: § 786. C.L. § 4996. CSA: C. 40, § 241. CRS 53: § 118-10-73. C.R.S. 1963: § 118-10-73.
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 38-36-174 - Title acquired by execution - new certificate issued

Any person who has acquired any right, title, interest, or estate in registered land by virtue of any execution, judgment, order, or decree of the court shall register his title so acquired by filing in the office of the registrar of titles all writings or instruments permitted or required to be recorded in the case of unregistered land. If the interest or estate so acquired is the fee in the registered land, or any part thereof, the person acquiring such interest shall be entitled to have a new certificate of title registered in him in the same manner as is provided in the case of persons acquiring title by action or proceeding in foreclosure of mortgages.
L. 03: p. 340, § 71. R.S. 08: § 787. C.L. § 4997. CSA: C. 40, § 242. CRS 53: § 118-10-74. C.R.S. 1963: § 118-10-74.
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 38-36-175 - Action disposed of - memorial canceled

The certificate of the clerk of the court, in which any action or proceeding has been pending, or any judgment or decree is of record, that such action or proceeding has been dismissed or otherwise disposed of, or that the judgment, decree, or order has been satisfied, released, reversed, or overruled, or of any sheriff or any other officer that the levy of any execution, attachment, or other process, certified by him, has been released, discharged, or otherwise disposed of, being filed in the office of the registrar of titles and noted upon the register, shall be sufficient to authorize the registrar to cancel or otherwise treat the memorial of such action, proceeding, judgment, decree, order, or levy, according to the purport of such certificate.
L. 03: p. 340, § 72. R.S. 08: § 788. C.L. § 4998. CSA: C. 40, § 243. CRS 53: § 118-10-75. C.R.S. 1963: § 118-10-75.
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 38-36-176 - Petition and order for new certificate after redemption period

Whenever registered land is sold, and the same is by law subject to redemption by the owner or any other person, the purchaser is not entitled to have a new certificate of title entered until the time within which the land may be redeemed has expired. At any time after the time to redeem has expired, the purchaser may petition the court for an order directing the entry of a new certificate of title to him, and the court shall, after such notice as it may order and hearing, grant and make an order directing the entry of such new certificate of title.
L. 03: p. 340, § 73. R.S. 08: § 789. C.L. § 4999. CSA: C. 40, § 244. CRS 53: § 118-10-76. C.R.S. 1963: § 118-10-76.
For redemption generally, see article 12 of title 39 and part 3 of article 38 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 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-177 - When certificate will issue to heir or devisee

The heirs at law and devisees, upon the death of an owner of lands, and any estate or interest therein, registered pursuant to this article, on the expiration of thirty days after the entry of a decree of the district or probate court granting letters testamentary or of administration, or in case of an appeal from such decree, at any time after the entry of a final decree, may file a certified copy of the final decree of the district or probate court and of the will, if any, with the clerk of the district court in the county in which the land lies, and make application to the court for an order for the entry of a new certificate of title. The court shall issue notice to the executor or administrator and all other persons in interest, and may also give notice by publication in such newspaper as it may deem proper, to all whom it may concern and, after hearing, may direct the entry of a new certificate to the person who appears to be entitled thereto as heir or devisee. Any new certificate so entered before the final settlement of the estate of the deceased owner in the district or probate court shall state expressly that it is entered by transfer from the last certificate by descent or devise, and that the estate is in process of settlement. After the final settlement of the estate in the district or probate court, or after the expiration of the time allowed by law for bringing an action against an executor or administrator by creditors of the deceased, the heirs at law or devisees may petition the court for an order to cancel the memorial upon their certificates stating that the estate is in course of settlement, and the court, after such notice as it may order and hearing, may grant the petition. The liability of registered land to be sold for claims against the estate of the deceased shall not in any way be diminished or changed.
L. 03: p. 341, § 74. R.S. 08: § 790. C.L. § 5000. CSA: C. 40, § 245. CRS 53: § 118-10-77. C.R.S. 1963: § 118-10-77.
Cross references:
For publication of legal notices, see part 1 of article
70
of title
24
; for time limitations on presentation of claims against an executor or administrator, see §
15-12-803
.
For publication of legal notices, see part 1 of article 70 of title 24; for time limitations on presentation of claims against an executor or administrator, see § 15-12-803.
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 38-36-178 - Sale or mortgage of lands in probate

Nothing in this article shall include, affect, or impair the jurisdiction of the district or probate court to order an executor, administrator, or guardian to sell or mortgage registered land for any purpose for which such order may be granted in the case of unregistered land. The purchaser or mortgagee taking a deed or mortgage executed in pursuance of such order of the district or probate court shall be entitled to register his title and to the entry of a new certificate of title or memorial of registration upon application to the district court and upon filing in the office of the registrar of titles an order of said court directing the entry of such certificates.
L. 03: p. 342, § 75. R.S. 08: § 791. C.L. § 5001. CSA: C. 40, § 246. CRS 53: § 118-10-78. C.R.S. 1963: § 118-10-78.
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 38-36-179 - Trustees to file copy of authority - effect

An assignee for the benefit of creditors, receiver, trustee in bankruptcy, master, special commissioner, or other person appointed by court shall file in the office of the registrar of titles the instrument by which he is vested with title, estate, or interest in any registered land, or a certified copy of an order of the court showing that such assignee, receiver, trustee in bankruptcy, master, special commissioner, or other person is authorized to deal with such land, estate, or interest. If it is in the power of such person, he shall at the same time present to the registrar of titles the owner's duplicate certificate of title; thereupon, the registrar shall enter upon the register of titles and the duplicate certificate, if presented, a memorial thereof, with a reference to such order or deed by its file number. Such memorial having been entered, the assignee, receiver, trustee in bankruptcy, master, special commissioner, or other person may, subject to the direction of the court, deal with or transfer such land as if he were the registered owner.
L. 03: p. 342, § 76. R.S. 08: § 792. C.L. § 5002. CSA: C. 40, § 247. CRS 53: § 118-10-79. C.R.S. 1963: § 118-10-79.
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 38-36-180 - Eminent domain - fees - reversion

Whenever registered land, or any right or interest therein, is taken by eminent domain, the state or body politic, or corporate or other authority exercising such right, shall pay all fees on account of any memorial or registration or entry of new certificates or duplicate thereof, and fees for the filing of instruments required by this article to be filed. When for any reason, by operation of law, land which has been taken for public use reverts to the owner from whom it was taken, or his heirs or assigns, the court, upon petition of the person entitled to the benefit of the reversion, after such notice as it may order and hearing, may order the entry of a new certificate of title to him.
L. 03: p. 342, § 77. R.S. 08: § 793. C.L. § 5003. CSA: C. 40, § 248. CRS 53: § 118-10-80. C.R.S. 1963: § 118-10-80.
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 38-36-181 - Issuance of new certificate - amendment of duplicates

(1)
In every case where the registrar of titles enters a memorial upon a certificate of title, or enters a new certificate of title, in pursuance of any instrument executed by the registered owner, or by reason of any instrument or proceeding which affects or devises the title of the registered owner against his consent, if the outstanding owner's duplicate certificate is not presented, the registrar of titles shall not enter a new certificate or make a memorial, but the person claiming to be entitled thereto may apply by petition to the court. The court may order the registered owner or any person withholding the duplicate certificate to present or surrender the same, and direct the entry of a memorial or new certificate upon such presentation or surrender. If in any case the person withholding the duplicate certificate is not amenable to the process of the court, or cannot be found, or if for any reason the outstanding owner's duplicate certificate cannot be presented or surrendered without delay, the court may, by decree, annul the same and order a new certificate of title to be entered. Such new certificate, and all duplicates thereof, shall contain a memorial of the annulment of the outstanding duplicate.
(2)
If in any case an outstanding mortgagee's or lessee's duplicate certificate is withheld or otherwise dealt with, like proceedings may be had to obtain registration as in the case of the owner's withholding or refusal to deliver the duplicate receipt.
L. 03: p. 343, § 78. R.S. 08: § 794. C.L. § 5004. CSA: C. 40, § 249. CRS 53: § 118-10-81. C.R.S. 1963: § 118-10-81.
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 38-36-182 - Court may refer application to examiner of titles

In all cases where, under the provisions of this article, application is made to the court for any order or decree, the court may refer the matter to one of the examiners of title for hearing and report, in like manner as is provided in section
38-36-118
for the reference of the application for registration.
L. 03: p. 343, § 79. R.S. 08: § 795. C.L. § 5005. CSA: C. 40, § 250. CRS 53: § 118-10-82. C.R.S. 1963: § 118-10-82.
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 38-36-183 - Examiner of titles to advise registrar - other powers

Examiners of title shall, upon the request of the registrar of titles, advise him upon any act or duty pertaining to the conduct of his office and shall, upon request, prepare the form of any memorial to be made or entered by the registrar of titles. The examiner of titles has full power to administer oaths and examine witnesses involved in his investigation of titles.
L. 03: p. 344, § 80. R.S. 08: § 796. C.L. § 5006. CSA: C. 40, § 251. CRS 53: § 118-10-83. C.R.S. 1963: § 118-10-83.
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 38-36-184 - Requirements of instruments filed for registration

Every writing and instrument required or permitted by this article to be filed for registration shall contain or have endorsed upon it the full name, place of residence, and post-office address of the grantee or other person acquiring or claiming any right, title, or interest under such instrument. Any change in residence or post-office address of such person shall be endorsed by the registrar of titles in the original instrument on receiving a sworn statement of such change. All names and addresses shall also be entered on all certificates. All notices required by or given in pursuance of the provisions of this article by the registrar of titles or by the court, after original registration, shall be served on the person to be notified; if a resident of the state of Colorado, as summonses in civil actions are served, and proof of such service shall be made as on the return of a summons. All such notices shall be sent by mail to the person to be notified, if not a resident of the state of Colorado, at his residence and post-office address, as stated in the certificate of title or in any registered instrument under which he claims an interest. The certificate of the registrar of titles, or clerk of court, that any notice has been served by mailing the same as provided in this section, shall be conclusive proof of such notice. The court may in any case order different or further service by publication or otherwise.
L. 03: p. 344, § 81. R.S. 08: § 797. C.L. § 5007. CSA: C. 40, § 252. CRS 53: § 118-10-84. C.R.S. 1963: § 118-10-84.
For service of summons on resident of state, see C.R.C.P. 4(e) to 4(g); for the manner of proof of service, see C.R.C.P. 4(h).
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 38-36-185 - Adverse claim - filed - hearing - costs

(1)
Any person claiming any right or interest in registered land, adverse to the registered owner, arising subsequent to the date of the original registration, if no other provision is made in this article for registering the same, may make a statement in writing, setting forth fully his alleged right or interest, and how or under whom acquired, and a reference to the volume and page of the certificate of title of the registered owner, and a description of the land to which the right or interest is claimed.
(2)
The statement shall be signed and sworn to, and shall state the adverse claimant's residence, and designate a place at which all notices may be served upon him. This statement shall be entitled to registration as an adverse claim, and the court, upon the petition of any party in interest, shall grant a speedy hearing upon the question of the validity of such adverse claim and shall enter such decree thereon as equity and justice may require. If the claim is adjudged to be invalid, its registration shall be canceled. The court may award such costs and damages, including reasonable attorney's fees, as it may deem just in the premises.
L. 03: p. 344, § 82. R.S. 08: § 798. C.L. § 5008. CSA: C. 40, § 253. CRS 53: § 118-10-85. C.R.S. 1963: § 118-10-85.