§ 38-30-161. Use Prohibition or Restriction Affecting Less or More Real Property – More or Fewer Use Prohibitions or Restrictions
For purposes of sections 38-30-157 to 38-30-164, every inter vivos instrument and every will and every appointment shall be considered as purporting to prohibit or restrict a use of an interest in real property which has been previously prohibited or restricted notwithstanding that any previous inter vivos instrument or will or appointment included more real […]
§ 38-30-162. Interests and Instruments to Which Sections 38-30-157 to 38-30-164 Do Not Apply
Sections 38-30-157 to 38-30-164 shall not affect any special limitation or possibility of reverter or condition subsequent or right of entry contained in any conveyance, devise, or appointment for a public, charitable, religious, or educational purpose. Sections 38-30-157 to 38-30-164 shall not affect any special limitation or possibility of reverter or condition subsequent or right […]
§ 38-30-163. Other Statutes and Laws Remain Applicable
Sections 38-30-157 to 38-30-164 shall not be construed as establishing or maintaining or reviving the validity of any special limitation or possibility of reverter or condition subsequent or right of entry which becomes barred by any other statute or any other law, or which is for any reason unenforceable, or which for any reason has […]
§ 38-30-164. Sections to Be Liberally Construed
Sections 38-30-157 to 38-30-164 shall be liberally construed to effect the legislative purposes of simplifying and facilitating real property title transactions and of rendering real property titles more secure and marketable by the elimination, as provided in sections 38-30-157 to 38-30-163, of purported special limitations, and possibilities of reverter, and conditions subsequent, and rights of […]
§ 38-30-165. Unreasonable Restraints on the Alienation of Property – Prohibited Practices
Subject to the limitations and exceptions as provided in this section, any person with a security interest in real estate shall not, directly or indirectly: Accelerate or mature the indebtedness secured by such real estate on account of the sale or transfer of such real estate or on account of the assumption of such indebtedness; […]
§ 38-30-166. Joint Ventures – Ownership and Transfer of Property
Upon compliance with the provisions of subsection (2) of this section, a joint venture may acquire, convey, encumber, lease, or otherwise deal with any interest in property in the name of the joint venture set forth in the affidavit required by subsection (2) of this section and may do so regardless of whether the affidavit […]
§ 38-30-167. Right of Purchaser to Obtain Partial Specific Performance
If it is impossible for a vendor of real property to convey a portion of the real property he contracted to convey, the vendee has a right to obtain a conveyance of that portion which it is possible to convey and a right to obtain damages or other equitable relief concerning the portion which it […]
§ 38-30-168. Unreasonable Restrictions on Renewable Energy Generation Devices – Definitions
A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable. As used in this section, “renewable energy generation device” […]
§ 38-30-169. Instruments of Conveyance – Removal of Void and Unenforceable Restrictive Covenants Which Are Based Upon Race or Religion
Any attorney, title insurance company, or title insurance agent authorized to do business in this state may remove by recording a new instrument any restrictive covenants which are based upon race or religion, or reference thereto, which are contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or […]
§ 38-30-170. Private Restrictive Covenants – Modification – Exception – Procedures
Except as otherwise provided in paragraph (b) of this subsection (1), any private restrictive covenants which are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States may be modified pursuant to the procedures specified in subsection (2) of […]