Colorado § 38-30-108 Conveyances to grantee in a representative capacity

Colorado Statutes

§ 38-30-108 — Conveyances to grantee in a representative capacity

Colorado·Title 38 Property -·Art. Titles and Interests

(1)An instrument conveying an interest in real property, in which the grantee is described as trustee, agent, conservator, executor, administrator, attorney-in-fact, personal representative, nominee, custodian, or a person acting in any other representative capacity, shall also describe the representative capacity of such grantee by one or more of the following means:

(a)Naming the person so represented;

(b)Identifying the statute, the trust or other agreement, or the court appointment under which the grantee is acting; or

(c)Referring, by proper description to book, page, document number, or file to an instrument, order, decree, or other writing containing any such description of the representative capacity of the grantee that is recorded with the county clerk and recorder

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(1) An
instrument conveying an interest in real property, in which the grantee is described
as trustee, agent, conservator, executor, administrator, attorney-in-fact, personal
representative, nominee, custodian, or a person acting in any other representative
capacity, shall also describe the representative capacity of such grantee by one or
more of the following means:

(a) Naming the person so represented;

(b) Identifying the statute, the trust or other agreement, or the court
appointment under which the grantee is acting; or

(c) Referring, by proper description to book, page, document number, or file
to an instrument, order, decree, or other writing containing any such description of
the representative capacity of the grantee that is recorded with the county clerk
and recorder in the county where the real property is located.

(2) If the representative capacity of the grantee is not described as provided
in subsection (1) of this section, the description of a grantee in any such
representative capacity in such instrument of conveyance shall be presumed to be
a description of the person only and shall not be notice of the representative
capacity of such grantee.

(3) After the recording of an instrument conveying an interest in real
property in which the grantee is described as acting in a representative capacity,
but in which the description of the grantee does not comply with subsection (1) of
this section, and regardless of whether such instrument of conveyance was
recorded prior to or after August 8, 2001, an affidavit that has been executed by or
on behalf of such grantee, which refers by proper description by book, page,
document number, or file to the recording information of such instrument of
conveyance and that contains one of the descriptions of the representative
capacity of such grantee described in subsection (1) of this section, may be
recorded with the county clerk and recorder of the county where the real property
is located. Upon the recording of such affidavit, all persons shall thereafter have
notice of the representative capacity of such grantee with respect to the interest in
real property so conveyed.

Colorado § 38-30-108 (Conveyances to grantee in a representative capacity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 21: p. 187, � 1. C.L. � 4877. CSA: C. 40, � 9. CRS 53: � 118-1-8. C.R.S. 1963: � 118-1-8. L. 2001: Entire section amended, p. 398, � 1, effective August 8.