Chapter 19 - § 19.3 • MODERN CONVEYANCES

• Jurisdiction: Colorado

§ 19.3 • MODERN CONVEYANCES

§ 19.3.1—In General

A "conveyance" is a transfer of title to land by a deed, delivered to and accepted by the grantee.⁷ A "conveyance" is distinguished from a "dedication," which is an appropriation of land by the owner to some public use and the adoption thereof by the public.⁸ Transfer of property may be effected only by deed, by adverse possession, or by other legal means;⁹ a mere cessation of occupancy or an acknowledgment of title in a former owner is not sufficient.¹⁰

Whether an instrument is a conveyance or a contract is a question of fact. An instrument containing apt words of present conveyance, although designated a contract, operates as a present conveyance.¹¹ Conversely, a defective deed may operate as a contract to convey.¹²

A title by occupancy is an interest in real property¹³ and may be conveyed by deed.¹⁴ Rights in oil and gas can be severed from surface rights, and the two interests may thereafter be separately conveyed.¹⁵ The owner of a mineral interest has a right to convey to another the executive right to lease such interest.¹⁶ Except where the ownership of stock in a ditch company or other company constitutes the ownership of a water right,¹⁷ in the conveyance of water rights the same formalities must be observed and complied with as in the conveyance of real property.¹⁸

§ 19.3.2—Warranty Deed

C.R.S. § 38-30-113(1)(a) provides that a deed for the conveyance of real property may be substantially in the following form:

__________, whose street address is __________, City or Town of __________, County of __________ and State of __________, for the consideration of __________ dollars, in hand paid, hereby sell(s) and convey(s) to __________ whose street address is __________, City or Town of __________, County of __________ and State of __________, the following real property in the County of __________ and State of Colorado, to wit: __________ with all its appurtenances and warrant(s) title to the same, subject to __________.

Signed this __________ day of __________, 20___.

A deed in this form is a warranty deed. A grantor who conveys property by a deed containing a covenant of warranty is precluded from denying that he or she had the estate that he or she assumed to convey.¹⁹

§ 19.3.3—Special Warranty Deed

The words "and warrant the title against all persons claiming under me," when included in a deed executed according to the form in C.R.S. § 38-30-113, is a covenant that the grantor will warrant and defend the title to the grantee and his or her heirs and assigns against all persons claiming to hold title by, through, or under the grantor.²⁰ Under this limited warranty, the grantor is not liable for defects based on events which occurred while the property was in the hands of a prior title holder.²¹

§ 19.3.4—Bargain and Sale (Grant) Deed

A deed executed according to the form in C.R.S. § 38-30-113 with the words "and warrant title to the same" omitted has the same force and effect as a bargain and sale deed, without...