Chapter 2 - § 2.2 • REAL PROPERTY DEFINED
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§ 2.2.1—Statutory Definitions
In the Colorado statutes, the term "real estate" is used as a synonym for the term "real property." The term "real estate" is defined generally as (1) "being coextensive in meaning with the terms 'land', 'tenements', and 'hereditaments' as well as embracing all mining claims and other claims, and chattels real"84 and (2) including "lands, tenements, hereditaments, and all rights thereto and all interests therein."85
For the purpose of specifying property subject to execution, the term "real estate" is defined as "all interests of the defendant or any person to his use held or claimed by virtue of any deed, bond, covenant, or otherwise for a conveyance or as mortgagor of lands in fee, for life, or for years."86 The Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-103(25), provides:
"Real estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without horizontal boundaries and spaces that may be filled with air or water.
For general property tax purposes, "real property" is defined as:
(a) All lands or interests in lands to which title or the right of title has been acquired from the government of the United States or from sovereign authority ratified by treaties entered into by the United States, or from the state; (b) All mines, quarries, and minerals in and under the land, and all rights and privileges thereunto appertaining; and (c) Improvements.87
The Uniform Partnership Law of 1931 defines "real property" as including "land and any interest in land."88
The statute providing for disclosure of the source of potable water defines "residential real property" as:
residential land and residential improvements, as those terms are defined in section 39-1-102, C.R.S., but does not include hotels and motels, as those terms are defined in section 39-1-102, C.R.S.; except that a mobile home and a manufactured home, as those terms are defined in section 39-1-102, C.R.S., shall be deemed to be residential real property only if the mobile home or manufactured home is permanently affixed to a foundation.89
The statute dealing with roofing services on residential property defines "residential property" as:
(I) A detached, one- or two-family dwelling; or
(II) Multiple single-family dwellings that are not more than three stories above grade plane height and provide separate means of egress.90
The statute relating to Rule 120 hearings defines "residential property" as "any real property upon which a dwelling, as defined in section 5-1-301(18), C.R.S., is constructed and occupied."91
The statute dealing with brokers' liens defines "commercial real estate" as "any real property...
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