C.R.S. Section 38-30-126
Acknowledgments, before whom taken

(1)

Deeds, bonds, and agreements in writing conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved before the following officers when executed within this state:

(a)

Any judge of any court of record, the clerk of any such court of record, or the deputy of any such clerk, such judge, clerk, or deputy clerk certifying such acknowledgment under the seal of such court;

(b)

The clerk and recorder of any county, or his deputy, such clerk or deputy clerk certifying the same under the seal of such county;

(c)

Any notary public, certifying the same under his notarial seal; or

(d)

Prior to the second Tuesday in January, 1965, any justice of the peace within his county, except that if such deed, bond, or agreement is for the conveyance of lands situated beyond the county of such justice of the peace, there shall be affixed to his certificate of such acknowledgment a certificate of the county clerk and recorder of the proper county, under his hand and the seal of such county, as to the official capacity of such justice of the peace, and that the signature to such certificate of acknowledgment is the true signature of such justice.

(2)

When executed out of this state, and within the United States or any territory thereof, before:

(a)

The secretary of any such state or territory, certifying such acknowledgment under the seal of such state or territory;

(b)

The clerk of any court of record of such state or territory, or of the United States within such state or territory, having a seal, such clerk certifying the acknowledgment under the seal of such court;

(c)

Any notary public of such state or territory, certifying the same under his notarial seal;

(d)

Any commissioner of deeds for any such foreign state or territory appointed under the laws of this state, certifying such acknowledgment under his hand and official seal;

(e)

Any other officer authorized by the laws of any such state or territory to take and certify such acknowledgment if there is affixed to the certificate of such officer, other than those above enumerated, a certificate by the clerk of some court of record of the county, city, or district, wherein such officer resides, under the seal of such court, that the person certifying such acknowledgment is the officer he assumes to be, that he has the authority by the laws of such state or territory to take and certify such acknowledgment, and that the signature of such officer to the certificate of acknowledgment is the true signature of such officer.

(3)

When executed or acknowledged out of the United States, before:

(a)

Any judge, or clerk, or deputy clerk of any court of record of any foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, such judge, clerk, or deputy clerk certifying such acknowledgment under the seal of such court;

(b)

The chief magistrate or other chief executive officer of any province, colony, island possession, or bailiwick or the mayor or the chief executive officer of any city, town, borough, county, or municipal corporation having a seal, of such foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, such chief magistrate or other chief executive officer or such mayor certifying such acknowledgment under such seal; or

(c)

Any ambassador, minister, consul, vice-consul, consular agent, vice-consular agent, charge d’affaires, vice-charge d’affaires, commercial agent, vice-commercial agent, or diplomatic, consular, or commercial agent or representative or duly constituted deputy of any thereof of the United States or of any other government or country appointed to reside in the foreign country or place where the proof of acknowledgment is made, he certifying the same under the seal of his office.

(4)

When executed or acknowledged out of the state and within any colony, island possession, or bailiwick belonging to or under the control of the United States, before:

(a)

Any judge or clerk or deputy clerk of any court of record of such colony, island possession, or bailiwick, such judge, clerk, or deputy clerk certifying such acknowledgment under the seal of such court;

(b)

The chief magistrate or other chief executive officer of any such colony, island possession, or bailiwick, he certifying the same under his official seal, or before the mayor or the chief executive officer of any city, town, borough, county, or municipal corporation having a seal, of such colony, island possession, or bailiwick, such mayor or other chief officer certifying such acknowledgment under his official seal; or

(c)

Any notary public within such colony, island possession, or bailiwick, such notary public certifying such acknowledgment under his seal.

Source: Section 38-30-126 — Acknowledgments, before whom taken, 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

§ 38-30-126’s source at colorado​.gov