§ 38-36-185 — Adverse claim - filed - hearing - costs

(1) Any person claiming
any right or interest in registered land, adverse to the registered owner, arising
subsequent to the date of the original registration, if no other provision is made in
this article for registering the same, may make a statement in writing, setting forth
fully his alleged right or interest, and how or under whom acquired, and a reference
to the volume and page of the certificate of title of the registered owner, and a
description of the land to which the right or interest is claimed.

(2) The statement shall be signed and sworn to, and shall state the adverse
claimant's residence, and designate a place at which all notices may be served
upon him. This statement shall be entitled to registration as an adverse claim, and
the court, upon the petition of any party in interest, shall grant a speedy hearing
upon the question of the validity of such adverse claim and shall enter such decree
thereon as equity and justice may require. If the claim is adjudged to be invalid, its
registration shall be canceled. The court may award such costs and damages,
including reasonable attorney's fees, as it may deem just in the premises.

Legislative History

Source: L. 03: p. 344, � 82. R.S. 08: � 798. C.L. � 5008. CSA: C. 40, � 253. CRS 53: � 118-10-85. C.R.S. 1963: � 118-10-85.