A Colorado broker is helping a buyer purchase a property in Douglas County. The title commitment shows the property is subject to recorded CC&Rs (covenants, conditions, and restrictions) from a 1995 subdivision plat. The buyer asks the broker whether these CC&Rs can be ignored since they are over 25 years old. Which response is most accurate under Colorado law?
Correct Answer
B) The CC&Rs remain enforceable as recorded encumbrances unless they have been formally released, amended, or extinguished by statute or court order
Recorded CC&Rs in Colorado run with the land and bind all subsequent owners, regardless of how old they are, unless they have been formally released, amended by the required vote of property owners, or extinguished by a court order or specific statutory provision. Under C.R.S. § 38-35-109, recorded instruments in the chain of title provide constructive notice to all subsequent purchasers. The age of the CC&Rs alone does not make them unenforceable. The buyer takes the property subject to all recorded encumbrances, including decades-old CC&Rs.
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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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