Appendix A COLORADO REAL ESTATE TITLE STANDARDS
| Jurisdiction | Colorado |
The past and present members of the Title Standards Committee of the Real Estate Law Section of the Colorado Bar Association deserve recognition for their efforts and hard work in identifying, analyzing, and solving issues relating to real estate titles. In addition to proposing changes to the Title Standards, the committee assists in reviewing and recommending legislation. The current members of the committee are:
Cynthia M. Stovall, Esq. - Chair
Geoffrey P. Anderson, Esq.
Margaret M. Cook, Esq.
Brianna C. Dowling, Esq.
Heidi J. Gassman, Esq.
Peter J. Griffiths, Esq.
Catherine A. Hance, Esq.
Amy M. Mowry, Esq.
Gregory J. Notarianni, Esq.
Gregory W. Perkins, Esq.
Deanne R. Stodden, Esq.
James P. Stouffer, Esq.
Scott L. Turner, Esq.
Cite as: Colorado Bar Association, Colorado Real Estate Title Standards, Standard No.___(2022).
Beginning in 1938, the Bar Associations of various states have adopted title standards to set forth how the more experienced title examiners and conveyancers in those states consider the impact of certain specified title issues on the marketability of title. The impetus for the adopting of such standards in Colorado came from the Denver Bar Association which in 1942 appointed a committee to adopt and promulgate title standards. In 1946 the Colorado Bar Association adopted the then existing title standards of the Denver Bar Association for statewide application. Effective January 1, 1987, The Colorado Real Estate Title Standards were revised, updated and renumbered. This publication updates the 1987 version of The Title Standards as of June 2022.
The Title Standards Committee is a committee of the Real Estate Law Section of the Colorado Bar Association. Members of the Title Standards Committee are appointed by the Chairperson of the Section. The charge of the committee is to consider current title problems and draft and propose title standards or legislation for their solution. Monthly meetings are held by the committee, usually at the CBA offices in Denver, to consider such matters. Attorneys are encouraged to advise the committee of the existence of title problems that may be appropriate for consideration by the committee.
Individual Title Standards usually consider the effect of a precise state of facts on the marketability of title based upon statutory and case law. The Title Standards assume title is marketable except for the effect of the state of facts addressed in the particular Title Standard. Marketable title differs from "safe" title and "insurable" title that may be the standards of title required in some situations. Marketable title is the standard used for the Title Standards because it is the normal and customary measure that will meet the seller's contractual obligation in the vast majority of real estate contracts.
More recently adopted Title Standards have deviated from the traditional format of expressing a problem followed by a short answer. As an example, Title Standards 1.1.2 through 1.1.6 are instructional as to the duties of an examining attorney and the scope of a title search. The Committee deemed it desirable to address these issues through a narrative format in order to inform attorneys of the basics of a title examination rather than be limited by the narrower scope of the customary question and answer format.
I. TITLE EXAMINATION; GENERALLY
1.1 Standards and Duties of Examining Attorney
1.1.1 Duty on Discovering Defect in Title Previously Examined by Another Attorney1.2 Notice in Title Examinations
1.1.2 Examinations for Title Opinions
1.1.3 Scope of Search of Real Property Records
1.1.4 Scope of Search of Abstract of Title
1.1.5 Scope of Search of Matters not of Record
1.1.6 Presumptions
1.2.1 Types of Notice1.3 Patent Provisions
1.2.2 Actual Notice
1.2.3 Constructive Notice
1.2.4 Inquiry Notice
1.3.1 Effect on Marketable Title1.4 Quitclaim Deed
1.4.1 Effect on Marketable Title
II. ACTIONS AND PROCEEDINGS
2.1 Quiet Title
2.1.1 Actions and Proceedings — Effect of Defects2.2 Rule 120
2.1.2 Decrees Affecting Real Estate
2.1.3 Re Address or Last Known Address
2.1.4 Quiet Title Suit — No Known Address of Defendant
2.1.5 Quiet Title — Conveyance Before a Decree
2.1.6 Quiet Title — Deceased Defendant
2.2.1 Proceedings Under Rule 120 — Jurisdiction of County Court2.3 Lis Pendens
2.3.1 Effect of Notice2.4 Judgments
2.3.2 Nature of Claim
2.3.3 Legal Description
2.3.4 Identity of Court
2.3.5 Identity of Case
2.3.6 Corrective Notice
2.3.7 Termination of Notice or Release of Property
2.3.8 Notice of Lis Pendens on Appeal
2.4.1 Effect of Recording Certified Copy of Money Judgment
III. CONVEYANCING
3.1 Execution
3.1.1 Conveyance — Execution by Mark3.2 Delivery
3.2.1 Delivery of Deeds — Presumption3.3 Recording
3.3.1 Stranger to Title — Instrument by3.4 Conveyance to an Entity
3.3.2 Recording in Wrong County
3.3.3 Recording a Copy
3.4.1 Conveyance Before Formation of an Entity3.5 Alteration and Correction of Documents
3.5.1 Alteration of Deed Before Recording
3.5.2 Alteration of and Re-recording of Recorded Document
3.5.3 Re-recording of a Document Previously Recorded to Add or Correct an Acknowledgment
3.5.4 Re-recording of a Misassembled Document
3.5.5 Correction Deeds — Generally
3.5.6 Correction Deeds — Joinder by Grantee — Deletion of Property
3.5.7 Correction Deeds — Joinder by Grantee — Addition or Deletion of Grantee
3.5.8 Correction Deeds — Joinder by Grantee — Change of Nature of Tenancy (I)
3.5.9 Correction Deeds — Joinder by Grantee — Change of Nature of Tenancy (II)
IV. CONVEYANCES FROM PUBLIC OFFICIALS
4.1 Public Trustee and Sheriff
4.1.1 Certificate of Purchase — Assignment4.2 Treasurer (Tax Titles)
4.1.2 Foreclosure — Public Trustee — Under Rule 120
4.2.1 Marketability — Tax Deeds
4.2.2 Conveyance of Tax Title by City and County of Denver
V. CAPACITY TO CONVEY
5.1 Agents and Representatives; Generally
5.1.1 Description of the Person as to Grantee5.2 Attorneys-in-Fact
5.1.2 Description of the Person as to Grantor
5.2.1 Power of Attorney — Where no Record of Military Service5.3 Trade Name Affidavits
5.2.2 Power of Attorney — Authority
5.2.3 Power of Attorney — Description of Property
5.2.4 Power of Attorney — Form of Execution
5.2.5 Power of Attorney — Affidavit Concerning Death or Disability of Principal
5.3.1 Trade Name Affidavit — Non-Human Entities as Members5.4 Miscellaneous
5.3.2 Trade Name Affidavit — Title Held in Trade Name
5.4.1 Conveyances or Encumbrances by Persons Eighteen Years of Age or Older
VI. ENTITIES
6.1 Evidence of Existence of Entity
6.1.1 Entity in Title6.2 Evidence of Authorization of Conveyance by an Entity
6.1.2 Entity No Longer in Title
6.2.1 Conveyance by Acknowledged Instrument6.3 Variances in Name
6.2.2 Conveyance by Unacknowledged or Improperly Acknowledged Instrument
6.2.3 Corporate Seal
6.3.1 Entity — Word "The" in Name
6.3.2 Entity — Use of Abbreviated or Non-Abbreviated Terms
6.3.3 Entity — Name Variations — Type of Entity
VII. COTENANCY
7.1 Cotenants
7.1.1 Cotenants — Proof of Death7.2 Tenants in Common
7.1.2 Joint Tenancy — Grantees
7.1.3 Joint Tenancies Prior to March 27, 1939
7.1.4 Joint Tenants — Conveyance
7.1.5 Unequal Joint Tenancies — Recalculation Upon Death of a Joint Tenant
7.2.1 Cotenancy — Grantees
VIII. LEGAL DESCRIPTIONS
8.1 Generally
8.1.1 Description of Property — Formerly in Arapahoe County, Now in the City and County of Denver8.2 Subdivisions
8.1.2 Metes and Bounds Descriptions
8.1.3 Description of Property — Formerly in Adams, Boulder, Jefferson or Weld County, Now in The City and County of Broomfield
8.2.1 Conveyance by Deed Reference to Vacated Plat8.3 Vacated Roads, Streets, and Alleys
8.2.2 Description Omitting Part of Name of Addition
8.3.1 Streets and Alleys — Vacation8.4 Fractional Mineral Interests
8.3.2 Conveyance of Block after Vacation of Alley
IX. VARIANCES, INCONSISTENCIES, AND OMISSIONS
9.1 Name or Description of Individual
9.1.1 Names — Variances in9.2 Acknowledgments
9.1.2 Evidence of Change of Name
9.1.3 Deed to Grantee by Given Name
9.1.4 Variance with Respect to Gender
9.2.1 Acknowledgments — Statement of Date of Expiration of Commission9.3 Form of Ownership
9.2.2 Date of Acknowledgment
9.2.3 Defective Notarial Acknowledgment
9.2.4 Notarial Certificate
9.2.5 Acknowledgment by Attorney-in-Fact
9.2.6 Acknowledgments — Address of Notary
9.2.7 Scope of Acknowledgment Statute
9.3.1 Joint Tenancy Form of Conveyance to Single Individual9.4 Releases
9.3.2 Granting and Habendum Clauses Inconsistent with Joint Tenancy
9.4.1 Release of Lien — Re-recorded Encumbrance9.5 Revenue Stamps and Documentary Fee
9.4.2 Release of Lien — Errors in Recitals
9.5.1 Revenue Stamps and Documentary Fee Notation9.6 Name or Description of Entity
9.6.1 Partnership Registered as a Limited Liability Partnership or as a Limited Liability Limited Partnership
9.6.2 Conversion or Merger of Entities
X. RELEASES
10.1 Inheritance Tax
10.1.1 Inheritance Tax Release — Joint Tenancy10.2 Mortgages and Deeds of Trust
10.1.2 Death of Owner — Release of Colorado Inheritance or Estate Tax Liens
10.2.1 Assignment of Rents — Release10.3 Miscellaneous
10.2.2 Releases
10.2.3 Releases of Deeds of Trust — Execution by Deputy Public Trustee
10.3.1 Attachments and Levies — Release
10.3.2 Sidewalk Certificates
XI. DECEDENTS' ESTATES
11.1 Transfers of Decedents' Property, Generally...
11.1.1 Release of Deed of Trust — Request for in Decedent's Estate
11.1.2 Decedents' Estates — Transfer of Title, Release of Encumbrances
11.1.3 Decedents' Estates — Acquisition of Title through Foreclosure
11.1.4 Statutory Sale of Real Estate —
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