Treasurer to execute deed - effect.

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(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:

  1. That the real property conveyed was subject to taxation for the year or years stated inthe deed;

  2. That the taxes were not paid at any time before the sale;

  3. That the real property conveyed had not been redeemed from the sale at the date ofthe deed;

  4. That the property had been listed and assessed at the time and in the manner requiredby law;

  5. That the taxes were levied according to law;

  6. That the tax lien on said property was advertised for sale in the manner and for thelength of time required by law;

  7. That the tax lien on said property was sold for delinquent taxes as stated in the deed;

  8. That the grantee named in the deed was the purchaser, or the heir at law, or theassignee of such purchaser;

  9. That the sale was conducted in the manner required by law;

  10. That the deed was properly signed, acknowledged, and delivered by the treasurer.

  1. All the right, title, interest, and estate conveyed by any such deed executed beforeAugust 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.

  2. Execution of a deed pursuant to this section shall not affect the existence of anypublic 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 011321 were harmonized.


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