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Home » US Law » 2022 Colorado Code » Title 38 - Property - Real and Personal » Article 30 - Titles and Interests

§ 38-30-101. Parties Entitled to Hold Lands May Convey

Any person, association of persons, or body politic or corporate which is entitled to hold real estate, or any interest in real estate whatever, shall be authorized to convey the same to another or a body corporate or politic by deed. Source: R.S. p. 106, § 1. G.L. § 160. G.S. § 198. R.S. 08: […]

§ 38-30-103. Livery of Seisin, Not Necessary

Livery of seisin is in no case necessary for the conveyance of any lands, tenements, or hereditaments. Source: R.S. p. 106, § 2. G.L. § 161. G.S. § 199. R.S. 08: § 670. C.L. § 4871. CSA: C. 40, § 3. CRS 53: § 118-1-3. C.R.S. 1963: § 118-1-3.

§ 38-30-104. Vendor’s After-Acquired Title Deemed in Trust for Vendee

If any person sells and conveys to another by deed or conveyance, purporting to convey an estate in fee simple absolute, any tract of land or real estate lying and being in this state, not being possessed of the legal estate or interest therein at the time of the sale and conveyance and, after such […]

§ 38-30-104.5. Grantor’s Interest in Vacated Right-of-Way Deemed Included

Every conveyance or encumbrance of real property, voluntary or otherwise, including but not limited to any form of deed, lease, deed of trust, mortgage, or lien, is deemed to include the grantor’s interest, if any, in any vacated street, alley, or other right-of-way that adjoins the real property unless the interest is expressly excluded by […]

§ 38-30-105. Lands Not in Possession May Be Conveyed

Any person claiming right or title to lands, tenements, or hereditaments, although he may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his interest in and to the same in as full and complete a manner as if he were in the actual possession of […]

§ 38-30-106. Tenant in Fee Tail Takes in Fee Simple

In cases where, by the common law, any person may be or become seized in fee tail of any lands, tenements, or hereditaments by virtue of any devise or conveyance, or by any other means whatsoever, such person, instead of becoming seized in fee tail thereof, shall be deemed and adjudged to be seized of […]

§ 38-30-107. Estate Granted Deemed Fee Simple Unless Limited

Every estate in land which is granted, conveyed, or devised to one, although other words necessary to transfer an estate of inheritance are not added, shall be deemed a fee simple estate of inheritance if a lesser estate is not limited by express words or does not appear to be granted, devised, or conveyed by […]

§ 38-30-107.5. Royalty Interests – Minerals or Geothermal Resources

Any conveyance, reservation, or devise of a royalty interest in minerals or geothermal resources, whether of a perpetual or limited duration, contained in any instrument executed on or after July 1, 1991, creates a real property interest which vests in the holder or holders of such interest the right to receive the designated royalty share […]

§ 38-30-108. Conveyances to Grantee in a Representative Capacity

An instrument conveying an interest in real property, in which the grantee is described as trustee, agent, conservator, executor, administrator, attorney-in-fact, personal representative, nominee, custodian, or a person acting in any other representative capacity, shall also describe the representative capacity of such grantee by one or more of the following means: Naming the person so […]

§ 38-30-110. Rule Against Perpetuities Inapplicable to Cemetery Trusts

Any gifts, bequests, transfers, grants, or conveyances of real or personal property by any one person in trust amounting to not more than twenty-five thousand dollars in value in the aggregate at the time of the creation of such trusts, the income of which is to be used exclusively for the purpose of creating, maintaining, […]

§ 38-30-111. Rule Against Perpetuities Inapplicable to Employees’ Pension Trusts

No trust created by an employer as a part of a pension, stock bonus, disability, death benefit, or profit-sharing plan for the exclusive benefit of some or all of his employees or their beneficiaries, to which contributions are made by such employer or employees, or by both employer and employees, for the purpose of distributing […]

§ 38-30-112. Rule Against Perpetuities Inapplicable to Existing Trusts

No suit or other proceeding affecting a pension, stock bonus, disability, death benefit, or profit-sharing plan existing on September 29, 1951, wherein relief is sought on the ground that such plan is in violation of any existing law or rule against perpetuities or accumulations or suspension of the power of alienation, shall be instituted. Source: […]

§ 38-30-113. Deeds – Short Form – Acknowledgment – Effect

A deed for the conveyance of real property in substantially the following form and that includes the words “and warrant(s) the title to the same”, or substantially similar language, is a warranty deed with covenants of warranty: A deed for the conveyance of real property in substantially the following form and that includes the words […]

§ 38-30-113.5. Beneficiary Deeds

Deeds intended to take effect at the death of the grantor may be executed and recorded pursuant to the provisions of part 4 of article 15 of title 15, C.R.S. Source: L. 2004: Entire section added, p. 734, § 4, effective August 4.

§ 38-30-114. Validation of Acknowledgments

Any deed or other conveyance of real property executed pursuant to section 38-30-113, if acknowledged in conformity with the provisions of section 38-35-101, shall be considered for all purposes as having been properly acknowledged. Such acknowledgment shall carry with it the presumption provided for by said section 38-35-101. Source: L. 47: p. 354, § 2. […]

§ 38-30-116.5. Preparation of Deeds – Definition

In connection with the issuance of a policy of title insurance, but subject to the terms of this statute, a licensed title insurance entity may prepare deeds for the conveyance of real property in accordance with the forms described in section 38-30-113 (1). A deed prepared by a licensed title insurance entity containing a covenant […]

§ 38-30-117. Mortgages – Short Form – Acknowledgment – Effect

A mortgage of real property may be substantially in the following form: Such mortgage may be acknowledged in accordance with section 38-35-101. Failure to state the address or the county or state of residence of the grantor or grantee shall not affect the validity of such mortgage. Every mortgage in substance in the above form, […]

§ 38-30-118. Seal Not Necessary

It is not necessary to the proper execution of any conveyance affecting real property that the same be executed under the seal of the grantor, nor that any seal or scroll or other mark be set opposite the name of the grantor. Source: L. 17: p. 161, § 5. C.L. § 4883. CSA: C. 40, […]