C.R.S. Section 38-36-104
Contents of application

(1)

The application shall be in writing and shall be signed and verified by the oath of the applicant or the person acting in his behalf. It shall set forth substantially:

(a)

The name and place of residence of the applicant, and if the application is by one acting in behalf of another, the name and place of residence and capacity of the person so acting;

(b)

Whether the applicant (except in the case of a corporation) is married or not, and if married, the name and residence of the husband or wife, and the age of the applicant;

(c)

The description of the land and the valuation for assessment thereof, exclusive of improvements, according to the last official assessment, the same to be taken as a basis for the payments required under sections 38-36-186 and 38-36-198 (1)(a);

(d)

The applicant’s estate or interest in the same, and whether the same is subject to homestead exemption;

(e)

The names of all persons or parties who appear of record to have any title, claim, estate, lien, or interest in the lands described in the application for registration;

(f)

Whether the land is occupied or unoccupied, and if occupied by any other person than the applicant, the name and post-office address of each occupant and what estate or interest he has or claims in the land;

(g)

Whether the land is subject to any lien or encumbrance, and, if any, the nature and amount of the same, and if recorded, the book and page of record, and the name and post-office address of each holder thereof;

(h)

Whether any other person has any estate or claims any interest in the land, in law or equity, in possession, remainder, reversion, or expectancy, and, if any, the name and post-office address of every such person and the nature of his estate or claim;

(i)

In case it is desired to settle or establish boundary lines, the names and post-office addresses of all the owners of the adjoining lands that may be affected thereby, so far as the applicant is able upon diligent inquiry to ascertain the same;

(j)

If the application is on behalf of a minor, the age of such minor shall be stated;

(k)

When the place of residence of any person whose residence is required to be given is unknown, it may be so stated if the applicant also states that upon diligent inquiry he has been unable to ascertain the same.

Source: Section 38-36-104 — Contents of application, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑36‑101
Application to register title - by whom made 38‑36‑102
Lesser estates - when registered 38‑36‑103
When tax title may be registered 38‑36‑104
Contents of application 38‑36‑105
What lands may be joined in one application 38‑36‑106
Amendment of application 38‑36‑107
Form of application 38‑36‑108
Application made to district court - powers of court 38‑36‑109
Registrars of titles - rules 38‑36‑110
Bond of registrar 38‑36‑111
Duties of deputy registrar - vacancies 38‑36‑112
Registrar not to practice law - neglect of duty 38‑36‑113
Examiner of titles - compensation - oath or affirmation - bond 38‑36‑114
Nonresident applicant to appoint process agent 38‑36‑115
Filing and service of application - land registration docket 38‑36‑116
Abstract of title filed with application 38‑36‑117
Copy of application filed with county clerk and recorder - lis pendens 38‑36‑118
Examination of application and abstract - report of examiner 38‑36‑119
Issuance of summons 38‑36‑120
Parties plaintiff and defendant - unknown claimants 38‑36‑121
Contents of summons - service 38‑36‑122
Clerk to mail copy of summons and other notices 38‑36‑123
Form of summons 38‑36‑124
When guardian ad litem appointed - compensation 38‑36‑125
Who may answer - contents of answer 38‑36‑126
Decree, when no answer filed - binds unknown claimants 38‑36‑127
Cause set for trial - default - referee appointed 38‑36‑128
Court may order further proof 38‑36‑129
Title not proper for registration dismissed - applicant may dismiss 38‑36‑130
Decree of confirmation - effect - appeal 38‑36‑131
When decree may be opened 38‑36‑132
Action to recover land - limitation 38‑36‑133
Certificate of title insures freedom from encumbrance - exceptions 38‑36‑134
Contents of decree - certified copy filed 38‑36‑135
Party acquiring interest after application filed made defendant 38‑36‑136
Registered land to remain under this article unless removed from registration 38‑36‑137
No title by prescription or adverse possession 38‑36‑138
Title to be registered - register of titles 38‑36‑139
Contents and form of certificate of registration 38‑36‑140
Owner’s duplicate certificate of ownership - signature of owner 38‑36‑141
Two or more owners 38‑36‑142
Subsequent certificates 38‑36‑143
Exchange of certificates - platting land 38‑36‑144
When certificate takes effect 38‑36‑145
Certificates in evidence - variance 38‑36‑146
Indexes kept by registrar - adoption of forms 38‑36‑147
Tract and alphabetical indexes kept by registrar 38‑36‑148
Registered land may be conveyed or encumbered 38‑36‑149
Effect of recording instruments 38‑36‑150
Records - open to inspection 38‑36‑151
Duplicates - certified copies 38‑36‑152
Title not divested - interests less than freehold 38‑36‑153
When owner’s certificate must be presented - effect of presentation 38‑36‑154
Certified copy of owner’s duplicate certificates 38‑36‑155
Mode of conveying registered land 38‑36‑156
Certificate that taxes have been paid 38‑36‑157
Registered land subject to same laws as unregistered land 38‑36‑158
Powers of attorney 38‑36‑159
Encumbrances must be registered 38‑36‑160
Trust deed deemed a mortgage - how registered 38‑36‑161
Assignment, cancellation, and release of mortgage 38‑36‑162
Foreclosure of mortgage 38‑36‑163
Registration of final decree - new certificate issued 38‑36‑164
Title acquired by action registered - when certificate issues 38‑36‑165
Petition to court for new certificate 38‑36‑166
Registration of leases 38‑36‑167
How transfer in trust registered 38‑36‑168
New trustee - new certificate 38‑36‑169
Trustee may apply for registration of land 38‑36‑170
Certificate of title number on all filings and registrations 38‑36‑171
How attachments, liens, and other rights enforced 38‑36‑172
Name and address of plaintiff’s attorney 38‑36‑173
When judgment becomes a lien 38‑36‑174
Title acquired by execution - new certificate issued 38‑36‑175
Action disposed of - memorial canceled 38‑36‑176
Petition and order for new certificate after redemption period 38‑36‑177
When certificate will issue to heir or devisee 38‑36‑178
Sale or mortgage of lands in probate 38‑36‑179
Trustees to file copy of authority - effect 38‑36‑180
Eminent domain - fees - reversion 38‑36‑181
Issuance of new certificate - amendment of duplicates 38‑36‑182
Court may refer application to examiner of titles 38‑36‑183
Examiner of titles to advise registrar - other powers 38‑36‑184
Requirements of instruments filed for registration 38‑36‑185
Adverse claim - filed - hearing - costs 38‑36‑186
Fees paid registrar upon registration - disposition 38‑36‑187
Indemnity for loss due to mistake or misfeasance 38‑36‑188
Defendants to indemnity suit - judgment - how collected 38‑36‑189
When assurance fund not liable - maximum judgment 38‑36‑190
Action must be brought within six years - exception 38‑36‑191
Alteration of certificate only on order of court 38‑36‑192
Theft of certificate 38‑36‑193
Perjury 38‑36‑194
Fraudulently procuring certificate a felony 38‑36‑195
Forging seal or signature a felony 38‑36‑196
Remedy against one criminally liable not affected 38‑36‑197
Docket fees - expenses of publication 38‑36‑198
Fees to be paid registrar - application of fees 38‑36‑199
Article liberally construed 38‑36‑201
Short title 38‑36‑202
Definitions 38‑36‑203
Registration - adverse instruments 38‑36‑204
Registration - conveyance instruments - recording 38‑36‑205
Certificate of title - recording - notice 38‑36‑206
Recording fees - waived 38‑36‑207
New chain of record 38‑36‑208
Effect of recording 38‑36‑209
Rights 38‑36‑210
Voluntary withdrawals 38‑36‑211
Maintenance of records
Green check means up to date. Up to date

Current through Fall 2024

§ 38-36-104’s source at colorado​.gov