Chapter 12 - § 12.17 • RELEASES

• Jurisdiction: Colorado

§ 12.17 • RELEASES

Instruments executed for the purpose of releasing a lien or encumbrance against real property are considered only as discharging and canceling the lien or encumbrance. No such release conveys to any person, except the record owner of the property, any right, title, or interest in the property. Words of conveyance used in any such release are construed only as a release.⁶³⁶

One of the consequences of the fact that a release is not a conveyance is that the description of the property need not be as complete or accurate as would be required for a conveyance.⁶³⁷ Although a release contains errors in its recitals as to the date of record, or book and page, or parties to the encumbrance, it is nevertheless sufficient if it reasonably identifies the encumbrance to be released.⁶³⁸

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Notes:

^[636] C.R.S. § 38-35-119.

^[637] Colo. Title Standard No. 10.2.2.

^[638] Colo. Title Standard No. 9.4.2.