Colorado § 38-30-160 - Contents of notice - recording, indexing - effect.

§ 38-30-160. Contents of notice - recording, indexing - effect.

(1) To be effective and entitled to be filed for record, such notice shall contain all of the following matters:

(a) An accurate and full description of all real property affected by such notice, which description shall be set forth in particular terms and not by general inclusions; but if such claim is founded upon a recorded instrument, the description in such notice may be the same as that contained in the recorded instrument upon which the claim is based;

(b) The terms of the special limitation or condition subsequent from which the possibility of reverter or right of entry arises, and the name of the grantor or testator or person exercising such power of appointment who is said to have created the special limitation and possibility of reverter or condition subsequent and right of entry being claimed by such notice;

(c) The names of all claimants or owners of the possibility of reverter or right of entry on whose behalf it is filed for record, except that if a claimant or owner is one of a class whose identity cannot be established or is unknown or uncertain at the time of filing such notice, then as to such claimant or owner it shall be sufficient to identify such class, and such notice shall be wholly ineffective as to all persons who are neither named nor members of such class.

(2) The county clerk and recorder of each county shall accept every such notice presented to him which describes real property located in the county for which he serves and shall enter and record the same in the same way that deeds are recorded. In indexing such notice in his office, such county clerk and recorder shall enter such notice in the grantee indexes of deeds under the name of the person who has executed such notice and also under the names of all other persons named in said notice as claimants of or as owning such possibility of reverter or right of entry, and in the grantor indexes under the name of the grantor or testator or person exercising such power of appointment who is said to have created the special limitation and possibility of reverter or condition subsequent and right of entry being claimed by such notice.

(3) The county clerk and recorder shall be entitled to charge the same fees for recording such notice and for indexing it in the grantor and grantee indexes as are charged for the recording and indexing of deeds.

(4) If the real property affected by such notice is located in more than one county, such notice shall be recorded in each county wherein part of the real property is located, and such notice shall be wholly ineffective as to all real property located in any county in which it has not been recorded.

Source: L. 65: p. 940, § 4. C.R.S. 1963: 118-1-60.

ANNOTATION

Road petition and road survey map filed with the county clerk and recorder but not recorded in the grantor-grantee index do not provide constructive notice to a property purchaser that land has been dedicated as a public road. Adelson v. Bd. of County Comm'rs, 875 P.2d 1387 (Colo. App. 1993).

Deeds that are in a purchaser's chain of title but that contain property descriptions that are vague or that are not set forth in particular terms do not provide constructive notice to a purchaser of the conveyance of an interest in such parcels. The court found that the descriptions used did not provide "clear evidence" that the interest described was part of the parcel purchased. Adelson v. Bd. of County Comm'rs, 875 P.2d 1387 (Colo. App. 1993).

Applied in Kemp v. Empire Sav., Bldg. & Loan Ass'n, 635 P.2d 234 (Colo. App. 1981).