Colorado § 38-36-101 - Application to register title - by whom made.

§ 38-36-101. Application to register title - by whom made.

(1) Prior to January 1, 2018, the owner of any estate or interest in land, whether legal or equitable, except unpatented land, may apply as provided in this article 36 to have the title of said land registered. The application may be made by the applicant personally, or by an agent thereunto lawfully authorized in writing, which authority shall be executed and acknowledged in the same manner and form as is now required as to a deed, and shall be recorded in the office of the county clerk and recorder in the county in which the land, or the major portion thereof, is situated before the making of the application by such agent. A corporation may apply by its authorized agent, and an infant or any other person under disability by his legal guardian. Joint tenants and tenants in common shall join in the application. The person in whose behalf the application is made shall be named as applicant.

(2) On or after January 1, 2018, no more applications to register titles under this article 36 may be made.

Source: L. 03: p. 311, § 1. R.S. 08: § 714. C.L. § 4924. CSA: C. 40, § 169. CRS 53: § 118-10-1. C.R.S. 1963: § 118-10-1. L. 2017: Entire section amended, (SB 17-140), ch. 212, p. 826, § 1, effective August 9.

ANNOTATION

Law reviews. For article, "A Tax Title Quieted", see 6 Dicta 9 (Nov. 1928). For note, "A Survey of the Colorado Torrens Act", see 5 Rocky Mt. L. Rev. 149 (1933). For article, "Measure of Damages for the Breach of the Covenants of Quiet Enjoyment and Warranty", see 13 Dicta 278 (1936). For article, "A Legislative Pattern for Protection of Real Estate Titles", see 24 Dicta 9 (1947). For note, "A Survey of the Torrens Title in Colorado", see 23 Rocky Mt. L. Rev. 453 (1951). For article, "One Year Review of Property", see 37 Dicta 89 (1960). For article, "Current Practices in Examination of Titles to Colorado Lands", see 35 U. Colo. L. Rev. 1 (1962). For article, "Land Transfer Improvement: The Basic Facts and Two Hypotheses for Reform", see U. Colo. L. Rev. 431 (1966). For note, "Creditor's Rights in Colorado and the Federal Tax Lien Act of 1966", see 40 U. Colo. L. Rev. 433 (1968). For comment, "The Failings of the United States Justice System: Lobato v. Taylor and Mexican Community Land Grants", see 93 U. Colo. L. Rev. 841 (2022).

A Torrens title judgment must satisfy procedural due process requirements of the fourteenth amendment to have a preclusive effect on claims of an interest in real property. State law must provide parties with notice reasonably calculated, under all the circumstances, to apprise parties of the pendency of a Torrens title action and afford them an opportunity to present objections. Lobato v. Taylor, 70 P.3d 1152 (Colo. 2003).

Purpose of this article is to escape from the old rules governing the transfer of real estate. Sterling Nat'l Bank v. Fischer, 75 Colo. 371, 226 P. 146 (1924).

Article is not intended for the insurance of land titles nor as compensation for land taken without owner's consent. White v. Ainsworth, 62 Colo. 513 (1917).

Article does not contravene § 21 of art. V, Colo. Const. This article does not contravene the purpose sought to be accomplished by § 21 of art. V, Colo. Const., which prohibits a bill from containing more than one subject expressed in its title. People ex rel. Smith v. Crissman, 41 Colo. 450, 92 P. 949 (1907).

Legal effect of title registered deemed question of law. The legal effect of a title registered under this article is a question of law. Gaines v. City of Sterling, 140 Colo. 63, 342 P.2d 651 (1959).

Location of boundary line is usually question of fact. Gaines v. City of Sterling, 140 Colo. 63, 342 P.2d 651 (1959).

Title acquired by decree quieting tax title may be registered. A title acquired by a decree quieting a tax title may be registered and the proceeding for the registration of the title. White v. Ainsworth, 62 Colo. 513, 163 P. 959 (1917).

Applied in Mills v. Denver & R.G.R.R., 198 F. 137 (D. Colo. 1912); Scott v. Brown, 71 Colo. 275, 206 P. 572 (1922); Langley v. Young, 75 Colo. 44, 224 P. 231 (1924); Sterling Nat'l Bank v. Fischer, 75 Colo. 371, 226 P. 146 (1924); First Mtg. Sec. Co. v. Fader, 100 Colo. 22, 64 P.2d 1278 (1937).