C.R.S. Section 38-35-122
Inclusion of street address and assessor information with legal description

  • effect
  • validity of recording
  • interests in property
  • legislative declaration

(1)

Intentionally left blank —Ed.

(a)

All documents of title relating to real property, including instruments creating a lien on real property, except mechanics’ liens and judgment liens, shall include as an aid to identification, immediately preceding or following the legal description of the property, the street address or comparable identifying numbers, if such address or numbers are displayed on the property or any building thereon.

(b)

Preparers of conveyance documents may include as an aid to identification, immediately preceding or following the legal description of the property, the assessor’s schedule number or parcel number.

(2)

Should any variance or ambiguity result from the inclusion of a street address, identifying number, or assessor’s schedule number or parcel number on a document, the legal description of the property shall govern.

(3)

The fact that a document of title does not contain an address, identifying number, or assessor’s schedule number or parcel number shall not render the document ineffective nor render title unmarketable if the legal description appears therein.

(3.5)

Legislative declaration.

(a)

The general assembly finds, determines, and declares that in In re Rivera, 2012 CO 43 (also referred to as Sender v. Cygan), the Colorado supreme court held that a recorded deed of trust that completely omits a legal description is defectively recorded and cannot provide constructive notice to a subsequent purchaser of another party’s security interest in the property.

(b)

By enacting House Bill 13-1307, enacted in 2013, it is the intent of the general assembly to clarify, for parties that currently have an interest in real property or that will acquire an interest in real property in the future, that, notwithstanding the holdings and conclusions in In re Rivera, the fact that a recorded document omits a legal description is not, by itself and without regard to the totality of the circumstances, determinative of whether the document:

(I)

Is valid against any person obtaining rights in the real property; or

(II)

Is valid or invalid.

(4)

The fact that a document purporting to affect title to real property, whether recorded before or after August 7, 2013, does not contain or include a legal description of the real property may, in the totality of the circumstances, but does not necessarily:

(a)

Render defective, invalid, or void the recording of the document in the office of the county clerk and recorder of the county where the real property is situated; or

(b)

Determine whether the document is valid against a person obtaining rights in the real property.

(5)

The fact that a document purporting to affect title to real property, whether executed before or after August 7, 2013, does not contain or include a legal description of the real property may, in the totality of the circumstances, but does not necessarily, determine whether the document is valid or invalid.

Source: Section 38-35-122 — Inclusion of street address and assessor information with legal description - effect - validity of recording - interests in property - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑35‑101
Acknowledgments - form - prima facie evidence 38‑35‑102
When unacknowledged instruments prima facie evidence 38‑35‑103
Acknowledgment before notary 38‑35‑104
Acknowledged instruments as evidence 38‑35‑105
Foreign instruments, prima facie evidence 38‑35‑106
Deeds - acknowledgment, absent or defective - notice - deemed proper, when 38‑35‑106.5
Written instruments - information regarding property description 38‑35‑107
Recitals in deeds prima facie evidence - when 38‑35‑108
Reference to some other instrument affects only the parties thereto 38‑35‑109
Instrument may be recorded - validity of unrecorded instruments - liability for fraudulent documents 38‑35‑109.5
Recording of instruments conveying real property to public entities 38‑35‑110
Lis pendens as notice - issuance of certificate - expiration 38‑35‑111
Option to purchase - notice for one year only 38‑35‑112
Certificate of death when properly recorded may be admitted as evidence 38‑35‑113
Affidavits referring to death, intestacy, heirship, accepted as prima facie evidence 38‑35‑114
Actions - parties to be named 38‑35‑115
Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment 38‑35‑116
Variances in names in instruments affecting the title to real property 38‑35‑117
Mortgages, not a conveyance - lien theory 38‑35‑118
Homestead, how conveyed - claimant insane 38‑35‑119
Release not a conveyance 38‑35‑120
Record of first and last parcels includes intervening parcels 38‑35‑121
Conveyance or reservation of a mineral interest - geothermal resources 38‑35‑122
Inclusion of street address and assessor information with legal description - effect - validity of recording - interests in property - legislative declaration 38‑35‑123
Liens - notice - current address 38‑35‑124
Requirements upon satisfaction of indebtedness 38‑35‑124.5
Effect of written payoff statement 38‑35‑125
Closing and settlement services - disbursement of funds 38‑35‑126
Contract for deed - escrow of tax moneys - written notice 38‑35‑127
Unenforceability of prospective residential transfer fee covenants - notice requirements for existing residential transfer fee covenants - written statement of transfer fee payable - affidavit - legislative declaration - definitions 38‑35‑201
Definitions 38‑35‑202
Recording or filing 38‑35‑203
Action to enforce 38‑35‑204
Order to show cause
Green check means up to date. Up to date

Current through Fall 2024

§ 38-35-122’s source at colorado​.gov