Colorado § 38-36-152 - Title not divested - interests less than freehold.
Full text of Colorado Colorado Revised Statutes § 38-36-152 — Title not divested - interests less than freehold., with citation guidance and answers to common questions.
§ 38-36-152. Title not divested - interests less than freehold.
(1) No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple of said land or some part thereof from the owner or one of the registered owners. All interest in the registered land less than a freehold estate shall be registered by filing with the registrar of titles the instruments creating, transferring, or claiming such interest, and by a brief memorandum or memorial thereof made by a registrar of titles upon the certificate of title, and signed by him. A similar memorandum or memorial shall also be made on the owner's duplicate.
(2) The cancellation or extinguishment of such interests shall be registered in the same manner. When any party in interest does not agree as to the proper memorial to be made upon the filing of any instrument presented for registration, or where the registrar of titles is in doubt as to the form of such memorial, the question shall be referred to the court for decision, either on the certificate of the registrar of titles or upon the demand in writing of any party in interest.
(3) The registrar of titles shall bring before the court all the papers and evidence which may be necessary for the determination of the question by the court. The court, after notice to all parties in interest and a hearing, shall enter an order prescribing the form of the memorial, and the registrar of titles shall make registration in accordance therewith.
Source: L. 03: p. 331, § 49. R.S. 08: § 765. C.L. § 4975. CSA: C. 40, § 220. CRS 53: § 118-10-52. C.R.S. 1963: § 118-10-52.
ANNOTATION
Law reviews. For article, "The Torrens Title System in Colorado", see 39 Dicta 40 (1962).
Act of registration is practically ministerial. The registrar is presumed to exercise some sound judgment in complying with the provisions of this article, yet under this section, the act of registration is practically ministerial because, when there is a doubt in the registrar's mind, or in the mind of any person in interest, the matter can be referred to the court, and where a hearing is provided, the court determines the question, and the result is entered accordingly. White v. Ainsworth, 62 Colo. 513, 163 P. 959, 1918E Ann. Cas. 179 (1917).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-36-152
What does Colorado Revised Statutes § 38-36-152 cover?
Section 38-36-152 ("Title not divested - interests less than freehold.") 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 § 38-36-152?
A common citation format is "Colorado Revised Statutes § 38-36-152" (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 § 38-36-152 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.