Chapter 21 - § 21.4 • CLAIMS UNDER COLOR OF TITLE

• Jurisdiction: Colorado

§ 21.4 • CLAIMS UNDER COLOR OF TITLE

§ 21.4.1—Color of Title

Color of title is a paper writing purporting to convey title, or some writing whereby title is sought to be acquired;¹⁵⁰ it is that which in appearance has the semblance of title, but which in fact is no title.¹⁵¹ A conveyance which describes the land intended to be conveyed, and in apt words purports to convey it, though in reality no title is passed, gives color of title to the lands described.¹⁵² The title purportedly conveyed must be the title to the land in controversy.¹⁵³ In the absence of a paper title, there can be no color of title;¹⁵⁴ an instrument containing no description does not constitute color of title.¹⁵⁵ A mere notice of a claim to title is not an instrument purporting to convey title.¹⁵⁶

A variety of instruments have been found to provide color of title: sheriff's deed fair on its face,¹⁵⁷ voidable tax teed,¹⁵⁸ tax deed void on its face,¹⁵⁹ tax deed acknowledged by treasurer after recording,¹⁶⁰ void or invalid deed,¹⁶¹ quitclaim deed¹⁶² from one having no title,¹⁶³ and judgment in action to quiet title.¹⁶⁴ A contract of sale, fully executed by the contract purchaser, is color of title.¹⁶⁵

Color of title to land only is not sufficient for adverse possession of water rights.¹⁶⁶ One who succeeds in proving adverse possession under color of title is entitled to a judgment only to the extent and according to the purport of his or her paper title.¹⁶⁷

§ 21.4.2—Recording of Instrument Giving Color of Title

The seven-year statute of limitations¹⁶⁸ does not begin to run until the deed upon which the party in possession relies as being "color of title" has been recorded.¹⁶⁹

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Notes:

^[150] Knight v. Lawrence, 36 P. 242 (Colo. 1894).

^[151] De Foresta v. Gast, 38 P. 244 (Colo. 1894); Bennet v. N. Colorado Springs Land & Improvement Co., 48 P. 812 (Colo. 1897); Marvin v. Witherbee, 168 P. 651 (Colo. 1917); Sullivan v. Scott, 216 P. 515 (Colo. 1923); Jackson v. Larson, 136 P. 81 (Colo. App. 1913); First Nat'l Bank of Wray v. McGinnis, 819 P.2d 1080 (Colo. App. 1991). See Dussart v. M. Abdo Mercantile Co., 140 P. 806 (Colo. 1914) ("It may be stated as a general and well established rule of law, that in order to give color of title, the instrument of conveyance must be at least good in point of form, profess to convey the title, and be properly and duly executed.").

^[152] De Foresta v. Gast, 38 P. 244 (Colo. 1894); Schlageter v. Gude, 70 P. 428 (Colo. 1902); B.B. & C. P'ship v. Edelweiss...