§ 38-30-160 — Contents of notice - recording, indexing - effect

Colorado § 38-30-160

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Titles and Interests

Text

(1) To be
effective and entitled to be filed for record, such notice shall contain all of the
following matters:

(a) An accurate and full description of all real property affected by such
notice, which description shall be set forth in particular terms and not by general
inclusions; but if such claim is founded upon a recorded instrument, the description
in such notice may be the same as that contained in the recorded instrument upon
which the claim is based;

(b) The terms of the special limitation or condition subsequent from which
the possibility of reverter or right of entry arises, and the name of the grantor or
testator or person exercising such power of appointment who is said to have
created the special limitation and possibility of reverter or condition subsequent
and right of entry being claimed by such notice;

(c) The names of all claimants or owners of the possibility of reverter or right
of entry on whose behalf it is filed for record, except that if a claimant or owner is
one of a class whose identity cannot be established or is unknown or uncertain at
the time of filing such notice, then as to such claimant or owner it shall be sufficient
to identify such class, and such notice shall be wholly ineffective as to all persons
who are neither named nor members of such class.

(2) The county clerk and recorder of each county shall accept every such
notice presented to him which describes real property located in the county for
which he serves and shall enter and record the same in the same way that deeds
are recorded. In indexing such notice in his office, such county clerk and recorder
shall enter such notice in the grantee indexes of deeds under the name of the
person who has executed such notice and also under the names of all other persons
named in said notice as claimants of or as owning such possibility of reverter or
right of entry, and in the grantor indexes under the name of the grantor or testator
or person exercising such power of appointment who is said to have created the
special limitation and possibility of reverter or condition subsequent and right of
entry being claimed by such notice.

(3) The county clerk and recorder shall be entitled to charge the same fees
for recording such notice and for indexing it in the grantor and grantee indexes as
are charged for the recording and indexing of deeds.

(4) If the real property affected by such notice is located in more than one
county, such notice shall be recorded in each county wherein part of the real
property is located, and such notice shall be wholly ineffective as to all real
property located in any county in which it has not been recorded.

Legislative History

Source: L. 65: p. 940, � 4. C.R.S. 1963: 118-1-60.