CO Real Estate study materials
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CO Real Estate: Property Ownership and Land Use Controls

CO Real Estate · Work through your exam, one topic at a time.

All guide sections

Property Ownership and Land Use Controls

Estates, tenancy, encumbrances

Ownership is held as fee simple, life estate, leasehold, or lesser estates. Co-ownership in Colorado usually means tenancy in common (unequal shares, no survivorship) or joint tenancy (equal shares with survivorship, which must be clearly created). Title is subject to encumbrances: easements (appurtenant or in gross), CC&Rs, liens, deeds of trust, and encroachments.

Government and private controls

Government powers are taxation, police power (zoning, building codes), eminent domain, and escheat. Private controls are deed restrictions, CC&Rs, and easements. Colorado has no statewide zoning - counties and municipalities adopt it - and subdivision requires local approval.

Colorado water

Water is separate from the land. Colorado follows prior appropriation - first in time, first in right. Groundwater wells need a permit from the State Engineer; a well may be an exempt household-use well or may require augmentation. A parcel can be dry even when it looks lush.

Traps:

  • Assuming a well permit conveys a full irrigation right.
  • Presuming joint tenancy between spouses - Colorado does not.
  • Forgetting CCIOA: a seller of a unit in a common-interest community must furnish the buyer a current resale certificate/owner's statement at the seller's expense.
  • Confusing an easement with a license, or a lien with an easement.

Rule of thumb: before writing an offer, ask three questions - who owns the water, what do the CC&Rs restrict, and is anything encroaching?