Colorado Real Estate Title Standards

Introduction

This page includes the introduction to Colorado Real Estate Title Standards and a link to the PDF file of the complete published version, originally drafted in 2005.

Beginning in 1938, the Bar Associations of various states have adopted title standards to set forth how the more experienced title examiners and conveyancers in those states consider the impact of certain specified title issues on the marketability of title. The impetus for the adopting of such standards in Colorado came from the Denver Bar Association which in 1942 appointed a committee to adopt and promulgate title standards. In 1946 the Colorado Bar Association adopted the then existing title standards of the Denver Bar Association for statewide application. Effective January 1, 1987, The Colorado Real Estate Title Standards were revised, updated and renumbered.

This publication updates the 1987 version of The Title Standards as of June 1, 2005. The Title Standards Committee is a committee of the Real Estate Law Section of the Colorado Bar Association. Members of the Title Standards Committee are appointed by the Section Council each year. The charge of the committee is to consider current title problems and draft and propose title standards or legislation for their solution. Monthly meetings are held by the committee, usually
at the CBA offices in Denver, to consider such matters. Attorneys are encouraged to advise the committee of the existence of title problems that may be appropriate for consideration by the committee.

Individual Title Standards usually consider the effect of a precise state of facts on the marketability of title based upon statutory and case law. Marketable title differs from “safe” title and “insurable” title that may be the standards of title required in some situations. Marketable title is the standard used for the Title Standards because it is the normal and customary measure that will meet the seller’s contractual obligation in the vast majority of real estate contracts.

More recently adopted Title Standards have deviated from the traditional format of expressing a problem followed by a short answer. As an example, Title Standards 1.1.2 through 1.1.6 are instructional as to the duties of an examining attorney and the scope of a title search. The Committee deemed it desirable to address these issues through a narrative format in order to inform attorneys of the basics of a title examination rather than be limited by the narrower scope
of the customary question and answer format.

Document Format	Title Standards	Date
	Colorado Real Estate Title Standards	2005

This information is also available in the Reference Library.