2016 Colorado Revised Statutes
Title 38 - Property - Real and Personal
Real Property
Article 30 - Titles and Interests
§ 38-30-113. Deeds - short form - acknowledgment - effect

CO Rev Stat ยง 38-30-113 (2016) What's This?

(1) (a) 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) the title to the

same, subject to ........................ .---Signed this ................... day of ...................., 20.... .--- .......................

(b) Such deed may be acknowledged in accordance with section 38-35-101. Failure to state the address or the county or state of residence of the grantor or grantee shall not affect the validity of such deed.

(c) Every deed in substance in the above form, when properly executed, shall be a conveyance in fee simple to the grantee, with covenants on the part of the grantor as set forth in subsection (2) of this section.

(d) Every deed in substance in the above form, when properly executed, shall be a conveyance of the grantor's interest, if any, in any vacated street, alley, or other right-of-way that adjoins the real property unless the transfer of such interest is expressly excluded in the deed.

(2) The words "warrant(s) the title" in a warranty deed as described in subsection (1) (a) of this section or in a mortgage as described in section 38-30-117 mean that the grantor covenants:

(a) That at the time of the making of such instrument he was lawfully seized of an indefeasible estate in fee simple in and to the property therein described and has good right and full power to convey the same;

(b) That the same was free and clear from all encumbrances, except as stated in the instrument; and

(c) That he warrants to the grantee and his heirs and assigns the quiet and peaceable possession of such property and will defend the title thereto against all persons who may lawfully claim the same.

(3) Such covenants shall be binding upon any grantor and his heirs and personal representatives as fully as if written at length in said instrument.

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