Chapter 19 - § 19.2 • COMMON-LAW CONVEYANCES

• Jurisdiction: Colorado

§ 19.2 • COMMON-LAW CONVEYANCES

Livery of seisin is not necessary for the conveyance of real property in Colorado.² Nevertheless, delivery of possession is sufficient in itself, but for the Statute of Frauds, to pass title if made with that intent,³ and can be effective as a means of putting a vendee in possession and giving notice to the world that he or she is the lawful owner.⁴

At common law, a covenant that a person would continue to own, or "stand seised," of a parcel of real property for the benefit of a blood relative, or his wife, made the relative or wife the owner of an equitable interest, or use, in the property.⁵ It does not appear that the use of a covenant to stand seised has been recognized by the Colorado courts. Therefore, a statement in an agreement between the owner of real property and one or more others that the parties to the agreement own the property in some form of common ownership may take effect as an estoppel, but would not seem to be enforceable against the owner as a covenant to stand seised.

For conveyances under the provision of the Statute of Uses,⁶ see § 19.3.4.

--------

Notes:

^[2] C.R.S. § 38-30-103. See Ensley v. Page, 59 P. 225 (Colo. App. 1899).

^[3] Moore v. Barnard, 226 P. 134 (Colo. 1924). But see Sears v. Taylor, 4 Colo. 38 (1877) (public land).

^[4] Western Motor Rebuilders, Inc. v. Carlson, 335 P.2d 272 (Colo. 1959):

Here the parties went upon the land to be conveyed; the stakes marking the boundaries were pointed out to the purchaser; he forthwith paid the full purchase price and was put in possession and immediately started improving the property. Although the parties were in all probability not conscious of it, they here performed all of the elements of the ancient ceremony of Livery of Seisin, with the possible exception of that of the vendor handing a clod of earth

...