Revised Title Standard 1.1.2 and New Title Standard 1.1.6

• Publication year: 1998
• Pages: 53
• Citation: Vol. 27 No. 8 Pg. 53

27 Colo.Law. 53 Colorado Lawyer 1998.

1998, August, Pg. 53. Revised Title Standard 1.1.2 and New Title Standard 1.1.6

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53

Vol. 27, No. 8, Pg. 53

The Colorado Lawyer
August 1998
Vol. 27, No. 8 [Page 53]

Features

Revised Title Standard 1.1.2 and New Title Standard 1.1.6
by Patt Emmett, Barbara Williams

(Promulgated May 16, 1998)

The Title Standards Committee of the Colorado Bar Association's Real Estate Section, chaired by Mark Welch recently revised Title Standard 1.1.2 and promulgated new Title Standard 1.1.6. These Title Standards are part of the Committee's effort to set out the standards and duties of an attorney conducting an examination for a title opinion The Colorado Real Estate Title Standards are published annually by Attorneys Title Guaranty Fund, Inc. and are provided at no cost to members of the CBA. If you would like a copy of the Colorado Real Estate Title Standards, call Attorneys Title at (303) 292-3055 in Denver

1.1.2 Examinations for Title Opinions (Revised)

Title Standards 1.1.2 through 1.1.6 deal with the standards and duties of an examining attorney who is asked to render a written opinion as to the marketability of title to a particular parcel of property. The examining attorney determines title to such real property from a search of recorded documents affecting title to such real property from the date of the original source of title to the date of search and from a search of certain matters not of record which also affect title to such real property. The search for the recorded documents which affect title to such real property may be made either from a personal examination by the examining attorney of the real property records of the county in which such real property is located (see Title Standard 1.1.3) or from an examination of the abstract of title which purports to contain such recorded documents (see Title Standard 1.1.4).

The examining attorney has no obligation to question the accuracy or completeness of the real property records of the county or the abstract of title unless circumstances come to the attention of the examining attorney to put him or her upon inquiry. In examining the recorded documents which affect title to such real property revealed by either a search of the real property records or an abstract of title the examining attorney is entitled to rely upon certain presumptions with respect to...