Chapter 12 - § 12.2 • GENERAL

• Jurisdiction: Colorado

§ 12.2 • GENERAL

A QTA is often brought to cure a technical failure of record title — to supply the "missing link" in a derivative "chain" of title, a link that cannot be otherwise forged because essential parties are missing, deceased, or their names cannot be determined. A quiet title decree may also be used to establish a new ownership on the record when an original title is obtained in one of the four recognized ways: (1) discovery or conquest (admittedly an anachronism in this day and age), (2) sale for unpaid taxes, (3) adverse possession, or (4) accretion/reliction. In such cases a "good" title is made "merchantable" by means of a successful QTA. Unless the action contains allegations of adverse possession, or the United States is a defendant, no statute of limitations governs the time within which a QTA may be brought by a party in possession. Martinez v. Archuleta-Padia, 143 P.3d 1112 (Colo. App. 2006). If the United States is a defendant, 28 U.S.C. § 2409a provides for a 12-year statute of limitations.

§ 12.2.1—Declaratory Judgment

A declaratory judgment action under C.R.C.P. 57(a) and C.R.S. § 13-51-105 can also be used to determine title and obtain a decree. See Near v. Calkins, 946 P.2d 537 (Colo. App...