A Colorado real estate broker is explaining the recording system to a new client. Which of the following statements about Colorado's recording system is NOT accurate?
Correct Answer
D) Colorado uses a pure race recording statute where the first party to record always wins regardless of notice
Colorado does NOT use a pure race recording statute. Under C.R.S. § 38-35-109, Colorado follows a race-notice statute, which requires a subsequent purchaser to both record first AND take without notice of prior unrecorded interests. Under a pure race statute (used in only a few states like North Carolina), the first party to record wins regardless of whether they had prior knowledge of an earlier conveyance. Colorado's race-notice system adds the notice requirement, meaning a subsequent purchaser who had actual knowledge of a prior unrecorded deed cannot defeat that prior interest simply by recording first.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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