§ 38-36-167 — How transfer in trust registered

(1) Whenever a deed or other
instrument is filed in the office of the registrar of titles for the purpose of effecting
a transfer of, or a charge upon, the registered land or any estate or interest in the
same, and it appears that the transfer or charge is to be in trust, or upon condition
or limitation expressed in such deed or instrument, such deed or instrument shall be
registered in the usual manner; except that the particulars of the trust, condition,
limitation, or other equitable interest shall not be entered upon the certificate of
title by memorial, but a memorandum or memorial shall be entered by the words in
trust or upon condition, or other apt words, and by reference by number to the
instrument authorizing or creating the same. A similar memorial shall be made upon
the owner's duplicate certificate.

(2) No transfer of or charge upon or dealing with the land or estate, or
interest therein, shall thereafter be registered, except upon an order of the court
first filed in the office of the registrar of titles directing such transfer, charge, or
dealing in accordance with the true intent and meaning of the trust, condition, or
limitation. Such registration shall be conclusive evidence in favor of the person
taking such transfer, charge, or right, and those claiming under him, in good faith
and for a valuable consideration, that such transfer, charge, or other dealing is in
accordance with the true intent and meaning of the trust, condition, or limitation.

Legislative History

Source: L. 03: p. 338, � 64. R.S. 08: � 780. C.L. � 4990. CSA: C. 40, � 235. CRS 53: � 118-10-67. C.R.S. 1963: � 118-10-67.