Colorado § 38-30-101 - Parties entitled to hold lands may convey.

§ 38-30-101. Parties entitled to hold lands may convey.

Any person, association of persons, or body politic or corporate which is entitled to hold real estate, or any interest in real estate whatever, shall be authorized to convey the same to another or a body corporate or politic by deed.

Source: R.S. p. 106, § 1. G.L. § 160. G.S. § 198. R.S. 08: § 668. C.L. § 4869. CSA: C. 40, § 1. CRS 53: § 118-1-1. C.R.S. 1963: § 118-1-1.

ANNOTATION

Law reviews. For article, "An Introduction to Security", see 16 Rocky Mt. L. Rev. 27 (1943). For article, "Future Interests in Colorado", Part I, see 21 Rocky Mt. L. Rev. 227 (1948); Part II, 21 Rocky Mt. L. Rev. 1 (1948); Part III, 21 Rocky Mt. L. Rev. 123 (1949). For article, "Transmissibility of Future Interests in Colorado", see 27 Rocky Mt. L. Rev. 1 (1954). For note, "The Effect of Tax Titles Upon Easements and Restrictions Upon the Use of Land in Colorado", see 33 Dicta 228 (1956). For article, "One Year Review of Property", see 37 Dicta 89 (1960). For article, "Converting a Duplex: Party Wall Declaration and Other Considerations", see 11 Colo. Law. 1201 (1982). For article, "Representing a Purchaser of a Time Share", see 11 Colo. Law. 1543 (1982). For article, "Some Rules of Future Interests Can Be Used to Clear Titles", see 12 Colo. Law. 1229 (1983).

Quitclaim deed within exercise of power to sell. Where a testator devised to his wife a life estate in land, remainder to his children, with power to her to "sell the place" during her lifetime, a quitclaim deed by her to the children was in exercise of the power to sell. Moore v. Barnard, 75 Colo. 395, 226 P. 134 (1924).

The phrase "any interest in real estate whatever" encompasses easements, including easements in gross. The original holder on an easement in gross may thus transfer it to a successor in interest. Sinclair Transp. Co. v. Sandberg, 2014 COA 76M, 305 P.3d 924.

Applied in Reinhardt v. Meyer, 153 Colo. 296, 385 P.2d 597 (1963).