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 38-36-115 - Filing and service of application - land registration docket

The application shall be filed in the office of the clerk of the court to which the application is made, and in case of personal service a true copy thereof shall be served with the summons, and the clerk shall docket the case in a book to be kept for that purpose, which shall be known as the "land registration docket". The record entry of the application shall be entitled (name of applicant), plaintiff, against (here insert names of all persons named in the application as being in possession of the premises, or as having any lien, encumbrance, right, title, or interest in the land, and the names of all persons found by the report of the examiner provided for in section
38-36-118
to be in possession or to have any lien, encumbrance, right, title, or interest in the land), also all other persons or parties unknown, claiming any right, title, estate, lien, or interests in the real estate described in the application as defendants. All orders, judgments, and decrees of the court in the case shall be appropriately entered in such docket. All final orders or decrees shall be recorded, and proper reference made thereto in such docket.
L. 03: p. 318, § 15. R.S. 08: § 728. C.L. § 4938. CSA: C. 40, § 183. CRS 53: § 118-10-15. C.R.S. 1963: § 118-10-15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-116 - Abstract of title filed with application

The applicant shall also file with the clerk, at the time the application is made, an abstract of title such as is now commonly used, prepared, and certified to by the county clerk and recorder of the county, or by a person, firm, or corporation regularly engaged in the abstract business, having satisfied the district court that they have a complete set of abstract books and are in existence and doing business at the time of the filing of the application under this article.
L. 03: p. 318, § 15a. R.S. 08: § 729. C.L. § 4939. CSA: C. 40, § 184. CRS 53: § 118-10-16. C.R.S. 1963: § 118-10-16.
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 38-36-117 - Copy of application filed with county clerk and recorder - lis pendens

At the time of the filing of the application in the office of the clerk of the court, a copy thereof, certified by the clerk, shall be filed, but need not be recorded, in the office of the county clerk and recorder and shall have the force and effect of a lis pendens.
L. 03: p. 319, § 16. R.S. 08: § 730. C.L. § 4940. CSA: C. 40, § 185. CRS 53: § 118-10-17. C.R.S. 1963: § 118-10-17.
For lis pendens, see § 38-35-110.
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 38-36-118 - Examination of application and abstract - report of examiner

Immediately after the filing of the abstract of title, the court shall enter an order referring the application to an examiner of titles, who shall proceed to examine into the title and into the truth of the matters set forth in the application, and particularly whether the land is occupied, the nature of the occupation if occupied, and by what right, and, also as to all judgments against the applicant or those through whom he claims title, which may be a lien upon the lands described in the application. He shall search the records and investigate all the facts brought to his notice, and file in the case a report thereon, including a certificate of his opinion upon the title. The clerk of the court shall thereupon give notice to the applicant of the filing of such report. If the opinion of the examiner is adverse to the applicant, he shall be allowed by the court a reasonable time in which to elect to proceed further, or to withdraw his application. The election shall be made in writing and filed with the clerk of the court.
L. 03: p. 319, § 17. R.S. 08: § 731. C.L. § 4941. CSA: C. 40, § 186. CRS 53: § 118-10-18. C.R.S. 1963: § 118-10-18.
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 38-36-119 - Issuance of summons

If, in the opinion of the examiner, the applicant has a title as alleged, and proper registration, or if the applicant, after an adverse opinion of the examiner, elects to proceed further, the clerk of the court shall immediately upon the filing of the examiner's opinion or the applicant's election, as the case may be, issue a summons substantially in the form provided for in section
38-36-123
. The summons shall be issued by the order of the court and attested by the clerk of the court.
L. 03: p. 319, § 18. R.S. 08: § 732. C.L. § 4942. CSA: C. 40, § 187. CRS 53: § 118-10-19. C.R.S. 1963: § 118-10-19.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-120 - Parties plaintiff and defendant - unknown claimants

The applicant shall be known in the summons as the plaintiff. All persons named in the application or found by the report of the examiner as being in possession of the premises or as having of record any lien, encumbrance, right, title, or interest in the land, and all other persons designated as follows: "All other persons or parties unknown claiming any right, title, estate, lien, or interest in, to, or upon the real estate described in the application herein", shall be defendants.
L. 03: p. 320, § 19. R.S. 08: § 733. C.L. § 4943. CSA: C. 40, § 188. CRS 53: § 118-10-20. C.R.S. 1963: § 118-10-20.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-121 - Contents of summons - service

The summons shall be directed to the defendants and require them to appear and answer the application within twenty days after the service of the summons, exclusive of the day of service. The summons shall be served as is provided for the service of summons in civil actions in the district court in this state, except as otherwise provided in this article. The summons shall be served upon nonresident defendants and upon "all such unknown persons or parties", defendant, by publishing said summons in a newspaper of general circulation printed and published in the county where the application is filed, once in each week for three consecutive weeks, and such service by publication shall be deemed complete at the end of the twenty-first day from and including the first publication. If any named defendant assents in writing to the registration as prayed for, which assent shall be endorsed upon the application or filed therewith and be duly witnessed and acknowledged, then in all such cases no service of summons upon said defendant shall be necessary.
L. 03: p. 320, § 20. R.S. 08: § 734. C.L. § 4944. CSA: C. 40, § 189. CRS 53: § 118-10-21. C.R.S. 1963: § 118-10-21.
For the competency of newspapers and the construction of publication periods, see § 24-70-106; for service of summons, see C.R.C.P. 4(e) to 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 38-36-122 - Clerk to mail copy of summons and other notices

The clerk of the court shall also, on or before twenty days after the first publication, send a copy thereof by mail to such defendants who are not residents of the state whose place of address is known or stated in the application and whose appearance is not entered and who are not in person served with the summons. The certificate of the clerk that he has sent such notice in pursuance of this section shall be conclusive evidence thereof. Other or further notice of the application for registration may be given in such manner and to such persons as the court or any judge thereof may direct. The summons shall be served at the expense of the applicant, and proof of the service thereof shall be made as proof of service is now made in other civil actions.
L. 03: p. 320, § 20a. R.S. 08: § 735. C.L. § 4945. CSA: C. 40, § 190. CRS 53: § 118-10-22. C.R.S. 1963: § 118-10-22.
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 38-36-123 - Form of summons

The summons provided for in section
38-36-121
shall be in substance in the following form:
SUMMONS ON APPLICATION FOR REGISTRATION OF LAND.
STATE OF COLORADO
)
)
ss.
County of .....................................
)
In the District Court.
(Name of applicant), plaintiff .... versus .... (names of all defendants, and all other persons or parties unknown, claiming any right, title, estate, lien, or interest in the real estate described in the application herein) ...... defendants.
The People of the State of Colorado to the above-named defendants, Greetings:
You are hereby summoned and required to answer the application of the applicant plaintiff in the above entitled application for registration of the following land situate in .............. county, Colorado, to wit: (description of land), and to file your answer to the said application in the office of the clerk of said court, in said county, within twenty days after the service of this summons upon you, exclusive of the day of such service; and if you fail to answer the said application within the time aforesaid, the applicant plaintiff in this action will apply to the court for the relief demanded in the application.
Witness, ........ clerk of said court and the seal thereof, at ........ in said county, and state, this .............. day of .............. A.D. 20.....
(Seal.).............. Clerk.
L. 03: p. 321, § 20b. R.S. 08: § 736. C.L. § 4946. CSA: C. 40, § 191. CRS 53: § 118-10-23. C.R.S. 1963: § 118-10-23.
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 38-36-124 - When guardian ad litem appointed - compensation

The court shall appoint a disinterested person to act as guardian ad litem for minors and other persons under disability and for all other persons not in being who appear to have an interest in the land. The compensation of the said guardian shall be determined by the court and paid as a part of the expense of the proceeding.
L. 03: p. 322, § 21. R.S. 08: § 737. C.L. § 4947. CSA: C. 40, § 192. CRS 53: § 118-10-24. C.R.S. 1963: § 118-10-24.
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 38-36-125 - Who may answer - contents of answer

Any person claiming an interest, whether named in the summons or not, may appear and file an answer within the time named in the summons, or within such further time as may be allowed by the court. The answer shall state all objections to the application, and shall set forth the interests claimed by the party filing the same, and shall be signed and sworn to by him or by some person in his behalf.
L. 03: p. 322, § 22. R.S. 08: § 738. C.L. § 4948. CSA: C. 40, § 193. CRS 53: § 118-10-25. C.R.S. 1963: § 118-10-25.
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 38-36-126 - Decree, when no answer filed - binds unknown claimants

If no person appears and answers within the time named in the summons or allowed by the court, the court may at once, upon the motion of the applicant, no reason to the contrary appearing and upon satisfactory proof of the applicant's right thereto, make its order and decree confirming the title of the applicant and ordering registration of the same. By the description in the summons, "all other persons unknown, claiming any right, title, estate, lien, or interest in, to, or upon the real estate described in the application herein", all the world are made parties defendant and shall be concluded by the default, order, and decree. The court shall not be bound by the report of the examiners of title but may require other or further proof.
L. 03: p. 322, § 23. R.S. 08: § 739. C.L. § 4949. CSA: C. 40, § 194. CRS 53: § 118-10-26. C.R.S. 1963: § 118-10-26.
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 38-36-127 - Cause set for trial - default - referee appointed

If, in any case, an appearance is entered and answer filed, the cause shall be set down for hearing on motion of either party, but a default and order shall first be entered against all persons who do not appear and answer in the manner provided in section
38-36-126
. The court may refer the cause or any part thereof to one of the examiners of title, as referee, to hear the parties and their evidence, and make report thereon to the court. His report shall have the same force and effect as that of a magistrate appointed by the district court under the laws of this state, and relating to the appointment, duties, and powers of magistrates.
L. 03: p. 322, § 24. R.S. 08: § 740. C.L. § 4950. CSA: C. 40, § 195. CRS 53: § 118-10-27. C.R.S. 1963: § 118-10-27. L. 91: Entire section amended, p. 366, § 43, effective April 9.
For the appointment, duties, and powers of a referee, see C.R.C.P. 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 38-36-128 - Court may order further proof

The court may order such other or further hearing of the cause before the court or before the examiner of titles after the filing of the report of the examiner referred to in section
38-36-127
and require such other or further proof by either of the parties to the cause as to the court seems proper.
L. 03: p. 323, § 25. R.S. 08: § 741. C.L. § 4951. CSA: C. 40, § 196. CRS 53: § 118-10-28. C.R.S. 1963: § 118-10-28.
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 38-36-129 - Title not proper for registration dismissed - applicant may dismiss

If, in any case, after hearing, the court finds that the applicant has no title proper for registration, a decree shall be entered dismissing the application, and such decree may be ordered to be without prejudice. The applicant may dismiss his application at any time before the final decree, upon such terms as may be fixed by the court, and upon motion to dismiss duly made to the court.
L. 03: p. 323, § 26. R.S. 08: § 742. C.L. § 4952. CSA: C. 40, § 197. CRS 53: § 118-10-29. C.R.S. 1963: § 118-10-29.
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 38-36-130 - Decree of confirmation - effect - appeal

If the court, after hearing, finds that the applicant has title, whether as stated in his application or otherwise, proper for registration, a decree of confirmation of title and registration shall be entered. Every decree of registration shall bind the land and quiet the title thereto, except as otherwise provided in this article, and shall be forever binding and conclusive upon all persons, whether mentioned by name in the application or included in "all other persons or parties unknown claiming any right, title, estate, lien, or interest in, to, or upon the real estate described in the application herein", and such decree shall not be opened by reason of the absence, infancy, or other disability of any person affected thereby, nor by any proceeding at law or in equity for reversing judgments or decrees, except as especially provided in section
38-36-131
. An appeal may be taken as provided by law and the Colorado appellate rules within the same time and upon like notice, terms, and conditions as are provided for the taking of appeals from the district court to the appellate court in civil actions.
L. 03: p. 323, § 27. R.S. 08: § 743. C.L. § 4953. CSA: C. 40, § 198. CRS 53: § 118-10-30. C.R.S. 1963: § 118-10-30.
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 38-36-131 - When decree may be opened

(1)
Any person having an interest in or lien upon the land who has not been actually served with process or notified of the filing of the application or the pendency thereof may at any time within ninety days after the entry of such decree, and not afterwards, appear and file his sworn answer to such application in like manner as prescribed in section
38-36-125
for making answer if such person had no actual notice or information of the filing of such application or the pendency of the proceeding during the pendency thereof, or until within three months of the time of the filing of such answer, which facts shall be made to appear before answering by the affidavit of the person answering or the affidavit of someone in his behalf having knowledge of the facts; and also if no innocent purchaser for value has acquired an interest. If there is any such purchaser, the decree of registration shall not be opened but shall remain in full force and effect forever, subject only to the right of appeal provided for in section
38-36-130
.
(2)
Any person aggrieved by such decree in any case may pursue his remedy by suit in the nature of an action of tort against the applicant or any other person for fraud in procuring the decree and may also bring his action for indemnity as provided for in section
38-36-187
.
(3)
Upon the filing of such answer, and not less than ten days' notice having been given to the applicant and to such other interested parties as the court may order in such manner as directed by the court, the court shall proceed to review the case, and if the court is satisfied that the order or decree ought to be opened, an order shall be entered to that effect, and the court shall proceed to review the proceedings and shall make such order in the case as is equitable in the premises. An appeal may be allowed in this case, as well as from all other decrees affecting any registered title, within a like time and in a like manner as in the case of an original decree under this article, and not otherwise.
L. 03: p. 324, § 28. R.S. 08: § 744. C.L. § 4954. CSA: C. 40, § 199. CRS 53: § 118-10-31. C.R.S. 1963: § 118-10-31.
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 38-36-132 - Action to recover land - limitation

No person shall commence any proceeding for the recovery of lands or any interest, right, lien, or demand therein or upon the same adverse to the title or interest as found or decreed in the decree of registration unless within ninety days after the entry of the order or decree. This section shall be construed as giving such right of action to such person only as shall not, because of some irregularity, insufficiency, or for some other cause, be bound and concluded by such order or decree.
L. 03: p. 324, § 29. R.S. 08: § 745. C.L. § 4955. CSA: C. 40, § 200. CRS 53: § 118-10-32. C.R.S. 1963: § 118-10-32.
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 38-36-133 - Certificate of title insures freedom from encumbrance - exceptions

(1)
Every person receiving a certificate of title in pursuance of a decree of registration and every subsequent purchaser of registered land who takes a certificate of title for value and in good faith shall hold the same free from all encumbrances, except only such estates, mortgages, liens, charges, and interests as may be noted in the last certificate of title in the registrar's office, and except any of the following rights or encumbrances subsisting, namely:
(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 shall be 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;
(d)
Such right of appeal, or right to appear and contest the application, as is allowed by this article;
(e)
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.
L. 03: p. 325, § 30. R.S. 08: § 746. C.L. § 4956. CSA: C. 40, § 201. CRS 53: § 118-10-33. C.R.S. 1963: § 118-10-33.
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 38-36-134 - Contents of decree - certified copy filed

Every decree of registration shall bear the year, day, hour, and minute of its entry and shall be signed by one of the judges of the district court. It shall state whether the owner is married or unmarried and, if married, the name of the husband or wife. If the owner is under disability it shall state the nature of the disability, and, if a minor, shall state his age. It shall contain a description of the land as finally determined by the court and shall set forth the estate of the owner, and also, in such manner as to show their relative priority, all particular estates, mortgages, easements, liens, attachments, homesteads, and other encumbrances, including rights of husband and wife, if any, to which the land or the owner's estate is subject and shall contain any other matter or information properly to be determined by the court in pursuance of this article. The decree shall be stated in a convenient form for transcription upon the certificate of title, to be made as provided in section
38-36-139
by the registrar of titles. Immediately upon the filing of the decree of registration, the clerk shall file a certified copy thereof in the office of the registrar of titles.
L. 03: p. 325, § 31. R.S. 08: § 747. C.L. § 4957. CSA: C. 40, § 202. CRS 53: § 118-10-34. C.R.S. 1963: § 118-10-34.
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 38-36-135 - Party acquiring interest after application filed made defendant

Any person who takes by conveyance, attachment, judgment, lien, or otherwise any right, title, or interest in the land subsequent to the filing of a copy of the application for registration in the office of the county clerk and recorder shall at once appear and answer as a party defendant in the proceeding for registration, and the right, title, or interest of such person shall be subject to the order or decree of the court.
L. 03: p. 326, § 32. R.S. 08: § 748. C.L. § 4958. CSA: C. 40, § 203. CRS 53: § 118-10-35. C.R.S. 1963: § 118-10-35.
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 38-36-136 - Registered land to remain under this article unless removed from registration

(1)
Unless removed from registration in the manner stated in this section, section
38-36-204
, or section
38-36-205
, the obtaining of a decree of registration and receiving of a certificate of title shall be deemed an agreement running with the land and binding upon the applicant and the successors in title that the land is and remains registered land and subject to this article 36 and of all amendments thereto. All dealings with the land or any estate or interest therein after the same has been brought under this article 36, and all liens, encumbrances, and charges upon the same shall be made only subject to the terms of this article 36. The owner, or his agent or attorney, of any real property registered under the terms of this article 36 may, at any time, withdraw said real property registration from the operation of this article 36 by surrendering to the registrar his duplicate certificate of ownership, duly endorsed with a signed and acknowledged request for such withdrawal.
(2)
This request may be substantially in the following form, to wit:
To the Registrar of Titles in the County of .............., and State of Colorado: I, (or we), ............, the undersigned registered owner of the within described real property, do hereby request that said real property and the title thereto be forthwith withdrawn from registration under the terms of this article.
Witness my (or our) hand this .......... day of .........., A.D. 20.....
STATE OF COLORADO
)
)
ss.
County of .....................................
)
The foregoing instrument was acknowledged before me this ............ day of ............, A.D. 20...., by ................
Witness my hand and official seal.
My Commission expires:
.................................
Notary Public.
(3)
Thereupon such registrar shall certify on said certificate that said real property has been withdrawn from the operation of this article and shall cause said certificate with all notations, certifications, memorials, and endorsements thereon to be recorded in the office of the county clerk and recorder of the county in which said real estate is situated. The fee to be paid to the county clerk and recorder for recording said certificate shall be the sum of five dollars. Such withdrawal shall not alter or affect any title, lien, encumbrance, or right pertaining to or fixed upon such real property at the time of such withdrawal.
Amended by 2017 Ch. 212, § 2, eff. 8/9/2017.
L. 03: p. 326, § 33. R.S. 08: § 749. C.L. § 4959. L. 43: p. 220, § 1. CSA: C. 40, § 204. CRS 53: § 118-10-36. C.R.S. 1963: § 118-10-36. L. 91: (3) amended, p. 710, § 9, effective July 1. L. 2017: (1) amended, (SB 17-140), ch. 212, p. 826, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 36 - TORRENS TITLE REGISTRATION ACT (§§ 38-36-101 — 38-36-211) › Part 1 - TORRENS TITLE REGISTRATION (§§ 38-36-101 — 38-36-199) › Section 38-36-137 - No title by prescription or adverse possession

No title to registered land in derogation of that of the registered owner shall ever be acquired by prescription or adverse possession.
L. 03: p. 326, § 34. R.S. 08: § 750. C.L. § 4960. CSA: C. 40, § 205. CRS 53: § 118-10-37. C.R.S. 1963: § 118-10-37.
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 38-36-138 - Title to be registered - register of titles

Immediately upon the filing of the decree of registration in the office of the registrar of titles, the registrar shall proceed to register the title or interest pursuant to the terms of the decree in the manner provided in this section. The registrar shall keep a book known as the "register of titles", wherein he shall enter all first and subsequent original certificates of title by binding or recording them therein in the order of their numbers, consecutively, beginning with number one, with appropriate blanks for entry of memorials and notations allowed by this article. Each certificate, with such blanks, shall constitute a separate page of such book. All memorials and notations that may be entered upon the register shall be entered upon the page whereon the last certificate of title of the land to which they relate is entered. The term "certificate" or "title" used in this article includes all memorials and notations thereon.
L. 03: p. 327, § 35. R.S. 08: § 751. C.L. § 4961. CSA: C. 40, § 206. CRS 53: § 118-10-38. C.R.S. 1963: § 118-10-38.
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 38-36-139 - Contents and form of certificate of registration

The certificate of registration shall contain the name of the owner, a description of the land and of the estate of the owner, and shall by memorial or notation contain a description of all encumbrances, liens, and interest to which the estate of the owner is subject. It shall state the residence of the owner and, if a minor, give his age; if under disability, it shall state the nature of the disability; it shall state whether married or not, and if married, the name of the husband or wife. In case of a trust, condition, or limitation, it shall state the trust, condition, or limitation, as the case may be. It shall contain and conform in respect to all statements in the certified copy of the decree of registration filed with the registrar of titles as provided in section
38-36-134
, and shall be in a form substantially as follows:
FIRST CERTIFICATE OF TITLE.
Pursuant to order of district court of ............ county.
STATE OF COLORADO
)
)
ss.
County of .....................................
)
This is to certify that A ........ B ........ of .............., county of .............., state of .............. is now the owner of an estate (describe the estate) of, and in (describe the land), subject to the encumbrances, liens, and interests noted by the memorial underwritten or endorsed thereon, subject to the exceptions and qualifications mentioned in section
38-36-133
. (Here note all statements provided herein to appear upon the certificate.)
In witness whereof, I have hereunto set my hand and affixed the official seal of my office this ........ day of ...................., A.D. 20.....
(Seal) .......................................
Registrar of Titles.
L. 03: p. 327, § 36. R.S. 08: § 752. C.L. § 4962. CSA: C. 40, § 207. CRS 53: § 118-10-39. C.R.S. 1963: § 118-10-39.
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 38-36-140 - Owner's duplicate certificate of ownership - signature of owner

The registrar shall, at the time that he enters his original certificate of title, make an exact duplicate thereof, but putting on it the words, "Owner's duplicate certificate of ownership", and deliver the same to the owner or to his attorney duly authorized. For the purpose of preserving evidence of the signature and handwriting of the owner in his office, it is the duty of the registrar to take from the owner, in every case where it is practicable to do so, his receipt for the certificate of title, which shall be signed by the owner in person. Such receipt, when signed and delivered in the registrar's office, shall be witnessed by the registrar or deputy registrar. If such receipt is signed elsewhere, it shall be witnessed and acknowledged in the same manner as is now provided for the acknowledgment of deeds. When so signed, such receipt shall be prima facie evidence of the genuineness of such signature.
L. 03: p. 328, § 37. R.S. 08: § 753. C.L. § 4963. CSA: C. 40, § 208. CRS 53: § 118-10-40. C.R.S. 1963: § 118-10-40.
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 38-36-141 - Two or more owners

Where two or more persons are registered owners as tenants in common or otherwise, the owner's duplicate certificate can be issued for the entirety, or a separate duplicate owner's certificate may be issued to each owner for his undivided share.
L. 03: p. 328, § 38. R.S. 08: § 754. C.L. § 4964. CSA: C. 40, § 209. CRS 53: § 118-10-41. C.R.S. 1963: § 118-10-41.
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 38-36-142 - Subsequent certificates

All certificates subsequent to the first shall be in like form, except that they shall be entitled "Transfer from No. ......." (the number of the next previous certificate relating to the same land), and shall also contain the words "Originally registered on the .............. day of .............., 20...., and entered in book ........, at page ........ of register".
L. 03: p. 328, § 39. R.S. 08: § 755. C.L. § 4965. CSA: C. 40, § 210. CRS 53: § 118-10-42. C.R.S. 1963: § 118-10-42.
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 38-36-143 - Exchange of certificates - platting land

A registered owner holding one duplicate certificate for several distinct parcels of land may surrender it and take out several certificates for portions thereof. A registered owner holding several duplicate certificates for several distinct parcels of land may surrender them and take out a single duplicate certificate for all of said parcels, or several certificates for different portions thereof. Such exchange of certificates, however, shall only be made by the order of the court upon petition therefor duly made by the owner. An owner of registered land who subdivides such land into lots, blocks, or acre tracts shall file with the registrar of titles a plat of said land so subdivided, in the same manner and subject to the same rules of law and restrictions as is provided for platting land that is not registered.
L. 03: p. 329, § 40. R.S. 08: § 756. C.L. § 4966. CSA: C. 40, § 211. CRS 53: § 118-10-43. C.R.S. 1963: § 118-10-43.
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 38-36-144 - When certificate takes effect

The certificate of title shall relate back to and take effect as of the date of the decree of registration.
L. 03: p. 329, § 41. R.S. 08: § 757. C.L. § 4967. CSA: C. 40, § 212. CRS 53: § 118-10-44. C.R.S. 1963: § 118-10-44.
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 38-36-145 - Certificates in evidence - variance

The original certificate in the registration book, any copy thereof duly certified under the signature of the registrar of titles or his deputy and authenticated by his seal, and also the owner's duplicate certificate shall be received as evidence in all the courts of this state, and shall be conclusive as to all matters contained therein, except so far as is otherwise provided in this article. In case of a variance between the owner's duplicate certificate and the original certificate, the original shall prevail.
L. 03: p. 329, § 42. R.S. 08: § 758. C.L. § 4968. CSA: C. 40, § 213. CRS 53: § 118-10-45. C.R.S. 1963: § 118-10-45.
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 38-36-146 - Indexes kept by registrar - adoption of forms

The registrar of titles, under the direction of the court, shall make and keep indexes of all duplications and of all certified copies and decrees of registration and certificates of titles, and shall also index and file in classified order all papers and instruments filed in his office relating to applications and to registered titles. The registrar shall also, under the direction of the court, prepare and keep forms of indexes and registration and entry books. The court shall prepare and adopt convenient forms of certificates of titles, and also general forms of memorials or notations to be used by the registrars of titles in registering the common forms of conveyance and other instruments to express briefly their effect.
L. 03: p. 330, § 43. R.S. 08: § 759. C.L. § 4969. CSA: C. 40, § 214. CRS 53: § 118-10-46. C.R.S. 1963: § 118-10-46.
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 38-36-147 - Tract and alphabetical indexes kept by registrar

The registrar of titles shall keep tract indexes, in which shall be entered the lands registered in the numerical order of the townships, ranges, sections, and, in cases of subdivisions, the blocks and lots therein, and the names of the owners, with a reference to the volume and page of the register of titles in which the lands are registered. He shall also keep alphabetical indexes, in which shall be entered in alphabetical order the names of all registered owners and all other persons interested in or holding charges upon or any interest in the registered land, with a reference to the volume and page of the register of titles in which the land is registered.
L. 03: p. 330, § 44. R.S. 08: § 760. C.L. § 4970. CSA: C. 40, § 215. CRS 53: § 118-10-47. C.R.S. 1963: § 118-10-47.
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 38-36-148 - Registered land may be conveyed or encumbered

The owner of registered land may convey, mortgage, lease, charge, or otherwise encumber, dispose of, or deal with the same as fully as if it had not been registered. He may use forms of deeds, trust deeds, mortgages, and leases or voluntary instruments like those now in use and sufficient in law for the purpose intended. But no voluntary instrument of conveyance, except a will and a lease for a term not exceeding three years, purporting to convey or affect registered land, shall take effect as a conveyance or bind the land but shall operate only as a contract between the parties and as evidence of the authority to the registrar of titles to make registration. The act of registration shall be the operative act to convey or affect the land.
L. 03: p. 330, § 45. R.S. 08: § 761. C.L. § 4971. CSA: C. 40, § 216. CRS 53: § 118-10-48. C.R.S. 1963: § 118-10-48.
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 38-36-149 - Effect of recording instruments

Every conveyance, lien, attachment, order, decree, judgment of a court of record, or instrument or entry which would under existing law, if recorded, filed, or entered in the office of the county clerk and recorder of the county in which the real estate is situate, affect the said real estate to which it relates, if the title thereto were not registered, shall, if recorded, filed, or entered in the office of the registrar of titles in the county where the real estate to which such instrument relates is situate, affect in like manner the title thereto if registered, and shall be notice to all persons from the time of such recording, filing, or entering.
L. 03: p. 330, § 46. R.S. 08: § 762. C.L. § 4972. CSA: C. 40, § 217. CRS 53: § 118-10-49. C.R.S. 1963: § 118-10-49.
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 38-36-150 - Records - open to inspection

The registrar of titles shall number and note, in a proper book to be kept for that purpose, the year, month, day, hour, and minute of reception and number of all conveyances, orders or decrees, writs or other process, judgments, liens, and all other instruments or papers or orders affecting the title of land, the title to which is registered. Every instrument so filed shall be retained in the office of the registrar of titles and shall be regarded as registered from the time so noted, and the memorial of each instrument, when made on the certificate of title to which it refers, shall bear the same date. Every instrument so filed, whether voluntary or involuntary, shall be numbered and indexed, and endorsed with a reference to the proper certificate of title. All records and papers relating to registered land in the office of the registrar of titles shall be open to public inspection in the same manner as are the papers and records in the office of the county clerk and recorder.
L. 03: p. 331, § 47. R.S. 08: § 763. C.L. § 4973. CSA: C. 40, § 218. CRS 53: § 118-10-50. C.R.S. 1963: § 118-10-50.
For inspection of records of the county clerk and recorder, see § 30-10-101.