(1) The deed shall be signed by the treasurer in his official capacity and when so signed shall vest in the purchaser all the right, title, interest, and estate of the former owner in and to the land conveyed and also all right, title, interest, and claim of the state and county thereto. Such deed may be acknowledged in the same manner as other deeds to real estate and, if so acknowledged and recorded in the proper county, shall be prima facie evidence of the following facts:
(a) That the real property conveyed was subject to taxation for the year or years stated in the deed;
(b) That the taxes were not paid at any time before the sale;
(c) That the real property conveyed had not been redeemed from the sale at the date of the deed;
(d) That the property had been listed and assessed at the time and in the manner required by law;
(e) That the taxes were levied according to law;
(f) That the tax lien on said property was advertised for sale in the manner and for the length of time required by law;
(g) That the tax lien on said property was sold for delinquent taxes as stated in the deed;
(h) That the grantee named in the deed was the purchaser, or the heir at law, or the assignee of such purchaser;
(i) That the sale was conducted in the manner required by law;
(j) That the deed was properly signed, acknowledged, and delivered by the treasurer.
(2) All the right, title, interest, and estate conveyed by any such deed executed before August 1, 1964, by the treasurer shall be deemed to have vested in the purchaser at the time such deed was signed by the treasurer in his official capacity.
(3) Execution of a deed pursuant to this section shall not affect the existence of any public or private roads, rights-of-way, conservation easements, other easements, or equitable servitudes that run with land and have both benefits and burdens, all as claimed or existing prior to the execution of such deed.
Source: L. 64: R&RE, p. 736, § 1. C.R.S. 1963: § 137-11-36. L. 85: (1)(f) and (1)(g) amended, p. 1243, § 24, effective July 1. L. 93: (3) added, p. 305, § 4, effective April 7. L. 2001:
(3) amended, p. 10, § 1, effective August 8; (3) amended, p. 308, § 1, effective August 8.
Editor's note: Amendments to subsection (3) by House Bill 01-1082 and House Bill 01- 1321 were harmonized.
Notes of Decisions
Bolser v. Bd. of Com'rs of Gilpin, 100 P.3d 51 (Colo. Ct. App. 2004).
· cites it 2× “2003 ("The deed shall be signed by the treasurer in his official capacity and when so signed shall vest in the purchaser all the right, title, interest, and estate of the former owner in and to the land conveyed and also all right, title, interest, and claim of the state and…”
Columbus Inv. v. Lewis, 48 P.3d 1222 (Colo. 2002).
“(2001); § 39-11-136, 11 C.R.S. (2001). When the Lewises learned of the deed, they filed a quiet title action.”
Arabasz v. Schwartzberg, 943 P.2d 463 (Colo. Ct. App. 1996).
· cites it 3× “See § 39-11-136, C.R.S. (1994 Repl.Yol. 16B); Bald Eagle Mining & Refining Co.”
Notch Mountain Corp. v. Elliott, 898 P.2d 550 (Colo. 1995).
“See § 39-11-136, 16B C.R.S. (1994). 5 . A co-owner's right to pay taxes is distinguishable from the right of ratable redemption by any party owning less than a full interest in the estate by payment of a proportionate share of delinquent taxes.”
Moorehead v. John Deere Indus. Equip. Co., 572 P.2d 1207 (Colo. 1977).
· cites it 3× “) Section 39-11-136, C.R.S. 1973. Both the real property and the personal property statutes on sale for delinquent taxes are silent on the effect of a tax sale on prior liens and encumbrances.”
FIRST NAT. BANK, ETC. v. Fitzpatrick, 624 P.2d 927 (Colo. Ct. App. 1981).
· cites it 2× “Subsequently, the competing claims of ownership were tried to the court which then issued its decree quieting title in the bank on the basis of its claim of adverse possession, thus avoiding the effect of the treasurer's deed. Fitzpatrick and Reay claim that, in doing so, the…”
Bolser v. Bd. of Commissioners, 100 P.3d 51 (Colo. Ct. App. 2004).
· cites it 2× “2003 (“The deed shall be signed by the treasurer in his official capacity and when so signed shall vest in the purchaser all the right, title, interest, and estate of the former owner in and to the land conveyed and also all right, title, interest, and claim of the state and…”
First Nat'l Bank in Grand Junction v. Fitzpatrick, 624 P.2d 927 (Colo. Ct. App. 1981).
· cites it 2× “Subsequently, the competing claims of ownership were tried to the court which then issued its decree quieting title in the bank on the basis of its claim of adverse possession, thus avoiding the effect of the treasurer’s deed. Fitzpatrick and Reay claim that, in doing so, the…”
Moorehead v. John Deere Ind. Equip. Co., 572 P.2d 1207 (Colo. 1977).
· cites it 6× “This section provides that a treasurer's deed: "* * * shall vest in the purchaser all the right, title, interest, and estate of the former owner in and to the land conveyed and also all right, title, interest, and claim of the state and county thereto.”
Timroth v. Oken, 62 P.3d 1042 (Colo. Ct. App. 2003).
· cites it 2× “1908 (now codified with amendments at § 39-11-136, C.R.S.2001). The form of a valid treasurer’s deed must substantially comply with that provided by statute.”
— Colo. Rev. Stat. § 39-11-136(1) — 5 cases
Bolser v. Bd. of Com'rs of Gilpin, 100 P.3d 51 (Colo. Ct. App. 2004).
“2003 ("The deed shall be signed by the treasurer in his official capacity and when so signed shall vest in the purchaser all the right, title, interest, and estate of the former owner in and to the land conveyed and also all right, title, interest, and claim of the state and…”
FIRST NAT. BANK, ETC. v. Fitzpatrick, 624 P.2d 927 (Colo. Ct. App. 1981).
“Subsequently, the competing claims of ownership were tried to the court which then issued its decree quieting title in the bank on the basis of its claim of adverse possession, thus avoiding the effect of the treasurer's deed. Fitzpatrick and Reay claim that, in doing so, the…”
Bolser v. Bd. of Commissioners, 100 P.3d 51 (Colo. Ct. App. 2004).
“2003 (“The deed shall be signed by the treasurer in his official capacity and when so signed shall vest in the purchaser all the right, title, interest, and estate of the former owner in and to the land conveyed and also all right, title, interest, and claim of the state and…”
First Nat'l Bank in Grand Junction v. Fitzpatrick, 624 P.2d 927 (Colo. Ct. App. 1981).
“Subsequently, the competing claims of ownership were tried to the court which then issued its decree quieting title in the bank on the basis of its claim of adverse possession, thus avoiding the effect of the treasurer’s deed. Fitzpatrick and Reay claim that, in doing so, the…”
— Colo. Rev. Stat. § 39-11-136(3) — 1 case
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