C.R.S. Section 38-30-172
Evidence of existence and authority

  • definitions

(1)

Prima facie evidence of the existence of an entity and the authority of one or more persons to act on behalf of an entity to convey, encumber, or otherwise affect title to real property may be shown as provided in this section.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Entity” means a person as defined in section 2-4-401, C.R.S., other than an individual, capable of holding title to real property.

(b)

“Entity description” means the type of entity and may also include the name of the state, country, or other governmental authority under whose laws it was formed.

(c)

“Recorded” means recorded with the county clerk and recorder of the county in which the real property is situated.

(d)

“Statement of authority” means an instrument executed on behalf of the entity that contains:

(I)

The name of the entity;

(II)

The type of entity and the state, country, or other governmental authority under whose laws it was formed;

(III)

A mailing address for the entity; and

(IV)

The name or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity.

(3)

Prima facie evidence of the existence of an entity that executed a recorded instrument purporting to convey, encumber, or otherwise affect title to real property may be shown by any one or more of the following recorded instruments:

(a)

The instrument itself, if that instrument uses the same name and the same entity description, if any, as appeared in the instrument by which the entity purported to acquire title to the real property or any part thereof or any interest therein; or

(b)

Another instrument that is required by law to be recorded to enable the entity to hold or convey title to real property; or

(c)

Another instrument that is permitted by law to be recorded, that names the entity and gives the entity description of the entity and, that by law is prima facie evidence of the facts recited in the instrument insofar as such facts affect title to real property.

(4)

Prima facie evidence of the authority of the person that executed an instrument on behalf of an entity purporting to convey, encumber, or otherwise affect title to real property may be shown by any one or more of the following recorded instruments:

(a)

An instrument that is required or permitted by law to be recorded in order to evidence the authority of one or more persons by name or by position to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity; or

(b)

A certified copy of an instrument on file with any agency or department of any state, country, or other governmental authority that evidences the authority of one or more persons by name or by position to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity; or

(c)

A statement of authority.

(5)

A statement of authority may contain any limitation as may exist upon the authority of the person named in the statement or holding the position described in the statement to bind the entity and any other matters concerning the manner in which the entity deals with any interest in real property. Upon recording, a statement of authority shall constitute prima facie evidence of the facts recited in the statement of authority insofar as the facts affect title to real property and prima facie evidence of the authority of the person executing the statement of authority to execute and record the statement of authority on behalf of the entity.

(6)

Any recorded instrument described in subsection (4) of this section may be amended or superseded by the recording of a subsequent instrument of the type described in subsection (4) of this section. The absence of any limitation described in subsection (5) of this section in a recorded instrument described in subsection (4) of this section shall be prima facie evidence that no such limitations exist.

Source: Section 38-30-172 — Evidence of existence and authority - definitions, 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

§ 38-30-172’s source at colorado​.gov