Colorado § 38-30-120 - Conveyance carries right of possession.
Full text of Colorado Colorado Revised Statutes § 38-30-120 — Conveyance carries right of possession., with citation guidance and answers to common questions.
§ 38-30-120. Conveyance carries right of possession.
All conveyances of real estate and of any interest therein, duly executed and delivered, shall be held to carry with them the right to immediate possession of the premises or interest conveyed, unless a future day for the possession is therein specified.
Source: R.S. p. 107, § 9. G.L. § 168. G.S. § 206. R.S. 08: § 677. C.L. § 4885. CSA: C. 40, § 17. CRS 53: § 118-1-20. C.R.S. 1963: § 118-1-20.
ANNOTATION
Intent to postpone deed's operation not provable by parol evidence. Under this section it is certainly required that the intention to postpone the operation of a deed shall be declared in the instrument, and it cannot be proved by parol. Omaha & Grant Smelting & Ref. Co. v. Tabor, 13 Colo. 41, 21 P. 9256 (1889).
Parol evidence of an agreement that possession should not pass until the purchase money is fully paid is inadmissible. Drake v. Root, 2 Colo. 685 (1875); Omaha & Grant Smelting & Ref. Co. v. Tabor, 13 Colo. 41, 21 P. 925 (1889).
Right to possess both surface and minerals. Conveyance invests grantees with ownership and the right to immediate possession of the real estate, both as to the surface and the minerals. Lambertson v. Thomas, 146 Colo. 539, 362 P.2d 180 (1961).
Possession denied where deed is void. This section does not entitle a grantee to possession if the deed of conveyance is void on its face, and occupancy of the land in controversy would then be a trespass. Williams v. Conroy, 35 Colo. 117, 83 P. 959 (1905); Whitehead v. Callahan, 44 Colo. 396, 99 P. 57 (1908).
Application of section to leasehold. During the term of a lease, a tenant is normally entitled to full possession of the premises, even to the exclusion of the landlord. Rutherford v. Scarborough, 28 Colo. App. 352, 472 P.2d 721 (1970).
Applied in Thomas v. Dunnean, 75 Colo. 216, 225 P. 253 (1924).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-30-120
What does Colorado Revised Statutes § 38-30-120 cover?
Section 38-30-120 ("Conveyance carries right of possession.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-30-120?
A common citation format is "Colorado Revised Statutes § 38-30-120" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-30-120 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.