C.R.S. Section 38-22-105
Property subject to lien

  • notice

(1)

Any building, mill, manufactory, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, and every structure or other improvement mentioned in this article, constructed, altered, added to, removed to, or repaired, either in whole or in part, upon or in any land with the knowledge of the owner or reputed owner of such land, or of any person having or claiming an interest therein, otherwise than under a bona fide prior recorded mortgage, deed of trust, or other encumbrance, or prior lien shall be held to have been erected, constructed, altered, removed, repaired, or done at the instance and request of such owner or person, including landlord or vendor, who by lease or contract has authorized such improvements, but so far only as to subject his interest to a lien therefor as provided in this section.

(2)

Such interest so owned or claimed shall be subject to any lien given by the provisions of this article, unless such owner or person within five days after obtaining notice of the erection, construction, alteration, removal, addition, repair, or other improvement, gives notice that his or her interests shall not be subject to any lien for the same by serving a written or printed notice to that effect, personally, upon all persons performing labor or furnishing laborers, materials, machinery, or other fixtures therefor, or within five days after such owner or person has obtained notice of the erection, construction, alteration, removal, addition, repair, or other improvement, or notice of the intended erection, construction, alteration, removal, addition, repair, or other improvement gives such notice by posting and keeping posted a written or printed notice in some conspicuous place upon said land or upon the building or other improvements situate thereon.

(3)

This section shall not apply to coowners of unincorporated canals, ditches, flumes, aqueducts, and reservoirs nor to the enforcement of article 23 of this title. The provisions of this section shall not be construed to apply to any owner or person claiming any interest in such property, the interest of whom is subject to a lien pursuant to the provisions of section 38-22-101.

Source: Section 38-22-105 — Property subject to lien - notice, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑22‑101
Liens in favor of whom - when filed - definition of person 38‑22‑102
Payments - effect 38‑22‑103
Attaching of lien - enforcement 38‑22‑104
Lien on mining property 38‑22‑105
Property subject to lien - notice 38‑22‑105.5
Notice of lien law 38‑22‑106
Priority of lien - attachments 38‑22‑107
Lien attaches to water rights and franchises 38‑22‑108
Rank of liens 38‑22‑109
Lien statement 38‑22‑110
Action commenced within six months 38‑22‑111
Joinder of parties - consolidation of actions 38‑22‑112
Allegations of complaint 38‑22‑113
Hearing - judgment - summons - defense 38‑22‑114
Disposition of proceeds - execution 38‑22‑115
Parties to action 38‑22‑116
Costs 38‑22‑117
Assignment of lien - failure to support lien 38‑22‑118
Satisfaction of lien - failure to release 38‑22‑119
Agreement to waive - effect 38‑22‑120
Rules of civil procedure apply 38‑22‑121
Liens of surveyors and engineers 38‑22‑122
Lien under two contracts - effect 38‑22‑123
Payment to avoid invalid 38‑22‑124
Other remedies not barred 38‑22‑125
Bona fide purchaser 38‑22‑126
Disburser - notice - duty of owner and disburser 38‑22‑127
Moneys for lien claims made trust funds - disbursements - penalty 38‑22‑128
Excessive amounts claimed 38‑22‑129
Principal contractor may provide bond prior to commencement of work 38‑22‑130
Payment of claims by surety 38‑22‑131
Substitution of bond allowed 38‑22‑132
Lien to be discharged 38‑22‑133
Action to be brought on bond or undertaking
Green check means up to date. Up to date

Current through Fall 2024

§ 38-22-105’s source at colorado​.gov