Colorado § 38-36-136 - Registered land to remain under this article unless removed from registration.

§ 38-36-136. Registered land to remain under this article unless removed from registration.

(1) Unless removed from registration in the manner stated in this section, section 38-36-204, or section 38-36-205, the obtaining of a decree of registration and receiving of a certificate of title shall be deemed an agreement running with the land and binding upon the applicant and the successors in title that the land is and remains registered land and subject to this article 36 and of all amendments thereto. All dealings with the land or any estate or interest therein after the same has been brought under this article 36, and all liens, encumbrances, and charges upon the same shall be made only subject to the terms of this article 36. The owner, or his agent or attorney, of any real property registered under the terms of this article 36 may, at any time, withdraw said real property registration from the operation of this article 36 by surrendering to the registrar his duplicate certificate of ownership, duly endorsed with a signed and acknowledged request for such withdrawal.

(2) This request may be substantially in the following form, to wit:

​​ To the Registrar of Titles in the County of .............., and State of Colorado: I, (or we), ............, the undersigned registered owner of the within described real property, do hereby request that said real property and the title thereto be forthwith withdrawn from registration under the terms of this article.

​​ Witness my (or our) hand this .......... day of .........., A.D. 20.... .

STATE OF COLORADO

) ss.

County of .....................................

​ The foregoing instrument was acknowledged before me this ............ day of ............, A.D. 20...., by ............... .

​ Witness my hand and official seal.

​ My Commission expires:

.................................

Notary Public.

(3) Thereupon such registrar shall certify on said certificate that said real property has been withdrawn from the operation of this article and shall cause said certificate with all notations, certifications, memorials, and endorsements thereon to be recorded in the office of the county clerk and recorder of the county in which said real estate is situated. The fee to be paid to the county clerk and recorder for recording said certificate shall be the sum of five dollars. Such withdrawal shall not alter or affect any title, lien, encumbrance, or right pertaining to or fixed upon such real property at the time of such withdrawal.

Source: L. 03: p. 326, § 33. R.S. 08: § 749. C.L. § 4959. L. 43: p. 220, § 1. CSA: C. 40, § 204. CRS 53: § 118-10-36. C.R.S. 1963: § 118-10-36. L. 91: (3) amended, p. 710, § 9, effective July 1. L. 2017: (1) amended, (SB 17-140), ch. 212, p. 826, § 2, effective August 9.

ANNOTATION

Law reviews. For article, "The Torrens Title System in Colorado", see 39 Dicta 40 (1962).