§ 38-36-152 — Title not divested - interests less than freehold

(1) No new
certificate shall be entered or issued upon any transfer of registered land which
does not divest the title in fee simple of said land or some part thereof from the
owner or one of the registered owners. All interest in the registered land less than a
freehold estate shall be registered by filing with the registrar of titles the
instruments creating, transferring, or claiming such interest, and by a brief
memorandum or memorial thereof made by a registrar of titles upon the certificate
of title, and signed by him. A similar memorandum or memorial shall also be made
on the owner's duplicate.

(2) The cancellation or extinguishment of such interests shall be registered
in the same manner. When any party in interest does not agree as to the proper
memorial to be made upon the filing of any instrument presented for registration, or
where the registrar of titles is in doubt as to the form of such memorial, the
question shall be referred to the court for decision, either on the certificate of the
registrar of titles or upon the demand in writing of any party in interest.

(3) The registrar of titles shall bring before the court all the papers and
evidence which may be necessary for the determination of the question by the
court. The court, after notice to all parties in interest and a hearing, shall enter an
order prescribing the form of the memorial, and the registrar of titles shall make
registration in accordance therewith.

Legislative History

Source: L. 03: p. 331, � 49. R.S. 08: � 765. C.L. � 4975. CSA: C. 40, � 220. CRS 53: � 118-10-52. C.R.S. 1963: � 118-10-52.