C.R.S. Section 38-30-113
Deeds

  • short form
  • acknowledgment
  • effect

(1)

Intentionally left blank —Ed.

(a)

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:
...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances and warrant(s) the title to the same, subject to .........................
.
Signed this .................... day of ...................., 20.....
.
...................................

(b)

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 against all persons claiming under me”, or substantially similar language, is a special warranty deed with covenants of warranty as to the grantor’s period of ownership of the property:
...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances and warrant(s) the title to the same against all persons claiming under me, subject to .........................
.
Signed this .................... day of ...................., 20.....
.
...................................

(c)

A deed for the conveyance of real property in substantially the following form that does not include words of warranty has the same force and effect as a bargain and sale deed at common law, but without covenants of warranty, and passes the after-acquired title of the grantor:
...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances .........................
.
Signed this .................... day of ...................., 20.....
.
...................................

(d)

A deed for the conveyance of real property in substantially the following form that does not include words of warranty and with the word “quitclaim(s)” substituted for “convey(s)” is a quitclaim deed without covenants of warranty that passes no after-acquired title of the grantor:
...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and quitclaim(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances .........................
.
Signed this .................... day of ...................., 20.....
.
...................................

(2)

Any deed described in subsection (1) of this section may be acknowledged in accordance with section 38-35-101 or 24-21-515. Failure to state the address or the county or state of residence of the grantor or grantee does not affect the validity of the deed.

(3)

Every deed in substance, in a form described in subsection (1) of this section or in any other form permitted by Colorado law, regardless of whether the deed recites valuable consideration or whether valuable consideration has been given for the deed, when properly executed, is a conveyance to the grantee, with covenants on the part of the grantor, if any, as set forth in subsection (4) of this section. Subject to any reservations specifically set forth in a deed, the form of deed used by the grantor does not affect the absolute nature of the fee simple conveyance of the property being conveyed and is not deemed to convey any lesser estate or interest simply by virtue of the form of deed used or whether the grantor provided any warranties of title in the deed.

(4)

Intentionally left blank —Ed.

(a)

The words “warrant(s) the title” in a warranty deed as described in subsection (1)(a) or (1)(b) of this section or in a mortgage as described in section 38-30-117 mean that the grantor covenants:

(I)

That, at the time of the making of the warranty deed, the grantor was lawfully seized of an indefeasible estate in fee simple in and to the property described in the deed and has good right and full power to convey the property;

(II)

That the property described in the deed was free and clear from all encumbrances, except as stated in the warranty deed; and

(III)

That the grantor warrants to the grantee and the grantee’s heirs and assigns the quiet and peaceable possession of the property and that:

(A)

With respect to a warranty deed or mortgage, the grantor will defend the title to the property against all persons who may claim the title; and

(B)

With respect to a special warranty deed, the grantor will defend the title to the property against all persons who may claim the title but only as against any persons claiming to hold title by, or through, the grantor.

(b)

A covenant described in subsection (4)(a) of this section is binding upon the grantor and the grantor’s heirs and personal representatives as fully as if it were written at length in the warranty deed.

(5)

Intentionally left blank —Ed.

(a)

A warranty deed or special warranty deed intended to include a limitation on the warranty of title pursuant to subsection (4)(a) of this section may use the words “subject to statutory exceptions” or include a different listing or description of exceptions as the grantor and grantee may agree. The words “statutory exceptions”, when used in any deed, mean that the grantee accepts title to the conveyed property subject to:

(I)

Real estate taxes for the calendar year in which the conveyance occurred and subsequent years that are not yet due and payable;

(II)

All matters that are disclosed or that would have been disclosed by an improvement survey plat, as defined in section 38-51-102 (9), of the conveyed property or could have been ascertained by an inspection of the conveyed property and which matters were not created or otherwise known by the grantor; and

(III)

All matters recorded in the real estate records of the county clerk and recorder for the county in which the conveyed property is located.

(b)

If a warranty deed or special warranty deed includes a blank after a reference to “statutory exceptions” but no additional matters are specifically listed in the blank, the blank is deemed to be deleted from the warranty deed or special warranty deed, and the title conveyed is subject only to the statutory exceptions.

Source: Section 38-30-113 — Deeds - short form - acknowledgment - effect, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑30‑101
Parties entitled to hold lands may convey 38‑30‑102
Water rights conveyed as real estate - well permit transfers - legislative declaration - definitions 38‑30‑103
Livery of seisin, not necessary 38‑30‑104
Vendor’s after-acquired title deemed in trust for vendee 38‑30‑104.5
Grantor’s interest in vacated right-of-way deemed included 38‑30‑105
Lands not in possession may be conveyed 38‑30‑106
Tenant in fee tail takes in fee simple 38‑30‑107
Estate granted deemed fee simple unless limited 38‑30‑107.5
Royalty interests - minerals or geothermal resources 38‑30‑108
Conveyances to grantee in a representative capacity 38‑30‑108.5
Conveyances to trusts - ownership and transfer of property 38‑30‑110
Rule against perpetuities inapplicable to cemetery trusts 38‑30‑111
Rule against perpetuities inapplicable to employees’ pension trusts 38‑30‑112
Rule against perpetuities inapplicable to existing trusts 38‑30‑113
Deeds - short form - acknowledgment - effect 38‑30‑113.5
Beneficiary deeds 38‑30‑114
Validation of acknowledgments 38‑30‑116.5
Preparation of deeds - definition 38‑30‑117
Mortgages - short form - acknowledgment - effect 38‑30‑118
Seal not necessary 38‑30‑119
Posthumous children take as others 38‑30‑120
Conveyance carries right of possession 38‑30‑121
What covenants run with the land 38‑30‑122
No action against warrantor without notice and refusal to defend 38‑30‑123
Powers of attorney must be recorded 38‑30‑124
Powers of attorney, how acknowledged and proved 38‑30‑125
Scroll sufficient 38‑30‑126
Acknowledgments, before whom taken 38‑30‑127
Acknowledgments taken pursuant to other laws 38‑30‑128
Prima facie validity of prior foreign acknowledgments 38‑30‑129
courts may take acknowledgments 38‑30‑130
Governor may appoint commissioners of deeds 38‑30‑131
Oath of commissioner of deeds 38‑30‑132
Effect of commissioner’s acknowledgment 38‑30‑133
Commissioner has power to administer oath 38‑30‑134
Fees of commissioners 38‑30‑135
Officer shall subscribe certificate 38‑30‑136
Subsequent proof of execution - proof or acknowledgment of copy 38‑30‑137
Recording of leases based on crop rentals 38‑30‑138
Filing and recording fee 38‑30‑140
Foreign deeds - translation - proof - not recorded without 38‑30‑141
Conveyance by county or municipality 38‑30‑142
Prior deeds and conveyances by commissioners validated 38‑30‑143
Prior deeds and conveyances by council validated 38‑30‑144
Conveyance by corporation 38‑30‑145
Conveyance by sheriff 38‑30‑146
Fraternal society may hold and convey real estate 38‑30‑147
Presiding officer may bring suit to protect property 38‑30‑148
Joint property of fraternal society 38‑30‑149
Change of presiding officer not to affect suit 38‑30‑150
Definitions 38‑30‑151
Division of county - transcript of records - certificate 38‑30‑152
Not applicable to wills 38‑30‑153
Recording wills and decrees affecting lands - descents 38‑30‑154
Clerk shall furnish certified copies 38‑30‑155
Certified copy of record shall be evidence of title 38‑30‑156
Fees for county clerk and recorder 38‑30‑157
Same use prohibition or restriction repeated in subsequent instruments taking effect on or after January 1, 1966 - exception 38‑30‑158
Record notice required for same use prohibition or restriction repeated in subsequent instruments taking effect prior to January 1, 1966 - exception - affidavit as to ownership and possession 38‑30‑159
Who may record notice of intention to claim possibility of reverter or right of entry 38‑30‑160
Contents of notice - recording, indexing - effect 38‑30‑161
Use prohibition or restriction affecting less or more real property - more or fewer use prohibitions or restrictions 38‑30‑162
Interests and instruments to which sections 38-30-157 to 38-30-164 do not apply 38‑30‑163
Other statutes and laws remain applicable 38‑30‑164
Sections to be liberally construed 38‑30‑165
Unreasonable restraints on the alienation of property - prohibited practices 38‑30‑166
Joint ventures - ownership and transfer of property 38‑30‑167
Right of purchaser to obtain partial specific performance 38‑30‑168
Unreasonable restrictions on renewable energy generation devices - definitions 38‑30‑169
Instruments of conveyance - removal of void and unenforceable restrictive covenants which are based upon race or religion 38‑30‑170
Private restrictive covenants - modification - exception - procedures 38‑30‑171
Survival of remedies and title to corporate property after dissolution 38‑30‑172
Evidence of existence and authority - definitions 38‑30‑173
Survival of remedies and title to corporate property after dissolution - nonprofit corporations
Green check means up to date. Up to date

Current through Fall 2024

§ 38-30-113’s source at colorado​.gov