VIII. LEGAL DESCRIPTIONS

• Jurisdiction: Colorado

VIII. LEGAL DESCRIPTIONS

8.1 Generally

8.1.1 Description of Property — Formerly in Arapahoe County, Now in the City and County of Denver

Problem: Prior to December 1, 1902, property is located in a platted addition in the County of Arapahoe. After December 1, 1902, on which date the City and County of Denver became a political entity including within its borders the said property, a deed is executed and recorded in the City and County of Denver describing said property as being in Arapahoe County. Is title marketable, provided no addition of similar name existed in Arapahoe County at the time of the execution and recording of the deed?

Answer: Yes.

Promulgated: 10/19/46; Amended 4/25/17.

8.1.2 Metes and Bounds Descriptions

Problem: (A) The legal description refers to a railroad or roadway or natural stream or other monument which physically is in existence, although nothing appears of record to establish the location of the existing monument. Is title marketable?

Problem: (B) The legal description refers to a railroad or roadway or natural stream or other monument. The monument is no longer in existence and no evidence appears of record to establish the location of the monument as it existed in the past. A plat or map, prepared and certified by the county surveyor prior to July 6, 1973, in accordance with Section 136-1-7, C.R.S. 1963, is then recorded in the recorder's office and the legal description of the property is amended to include the new description in accordance with the map or plat made by the county surveyor. Is title marketable?

Answer: Yes, in each case.

NOTE: Section 136-1-7, C.R.S. 1963 was amended by Chapter 407 Session Laws of 1973, limiting the authority of the county surveyor under the statute to the location of a section corner or a quarter section corner. See Section 30-10-906, C.R.S.

Promulgated: 6/21/60; Amended: 1/1/87.

8.1.3 Description of Property — Formerly in Adams, Boulder, Jefferson or Weld County, Now in The City and County of Broomfield

Problem: (A) Real estate is located in one of the areas of Adams, Boulder, Jefferson or Weld County which on November 15, 2001 became the political entity of The City and County of Broomfield. On or after that date, a deed is recorded in The City and County of Broomfield describing such real estate as being in the county in which such real estate was located before the formation of The City and County of Broomfield but does not describe such real estate as being in The City and County of Broomfield. Is title marketable?

(B) Real estate within a platted subdivision is located in one of the areas of Adams, Boulder, Jefferson or Weld County which on November 15, 2001, became the political entity of The City and County of Broomfield. On or after that date, a deed is recorded in The City and County of Broomfield describing such real estate by reference to the name of such platted subdivision and as being in The City and County of Broomfield. A review of the names of all of the platted subdivisions located in the areas of Adams, Boulder, Jefferson and Weld Counties which became The City and County of Broomfield indicates that there is only one platted subdivision by that name. Is title marketable?

Answer: Yes in both cases.

Promulgated: 5/6/00.

8.2 Subdivisions

8.2.1 Conveyance by Deed Reference to Vacated Plat

Problem: A tract of ground platted as "X Subdivision" was vacated. No new subdivision of that name was platted thereafter. A conveyance executed by the owner, after the vacating of the plat, purported to convey "Lot 1, Block 2, X Subdivision". Does such conveyance pass title to the land within the exterior boundaries of what had been Lot 1, Block 2, X Subdivision, according to the plat before its vacation?

Answer: Yes.

Promulgated: 10/15/55.

8.2.2 Description Omitting Part of Name of Addition

Problem: (A) The records show that an addition was platted as "Title Standards Addition" containing eight blocks numbered from one to eight. Another addition was platted as "Title Standards Addition, Second Filing", containing eight blocks, numbered from nine to sixteen. Another addition...