Colo. Rev. Stat. § 38-30-113

Current through Chapter 67 of the 2024 Legislative Session

Section 38-30-113 - Deeds - short form - acknowledgment - effect

(1)

(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)

(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)

(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.

C.R.S. § 38-30-113

Amended by 2019 Ch. 18, § 1, eff. 3/7/2019.

Amended by 2017 Ch. 117, § 1, eff. 8/9/2017.

L. 17: p. 158, § 1. C.L. § 4879. CSA: C. 40, § 11. CRS 53: § 118-1-13. L. 55: p. 717, § 1. L. 61: p. 638, § 1. C.R.S. 1963: § 118-1-13. L. 73: p. 1152, § 1. L. 2005: (1)(d) added, p. 404, § 1, effective April 27. L. 2017: (1)(d) repealed, (SB 17 -097), ch. 416, p. 416, § 1, effective August 9. L. 2019: Entire section amended, (HB 19 -1098), ch. 64, p. 64, § 1, effective March 7.

Section 6 of chapter 18 (HB 19-1098), Session Laws of Colorado 2019, provides that the act changing this section applies to deeds for the conveyance of real property that are executed on or after March 7, 2019.