# C.R.S. § 38-30-108: 38-30-108. Conveyances to grantee in a representative capacity

> Colorado · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-108

## Section

- **Citation:** C.R.S. § 38-30-108
- **Heading:** 38-30-108. Conveyances to grantee in a representative capacity
- **Jurisdiction:** Colorado
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CO Code / Title 38 / Article 30 / Section 38-30-108

## Text

38-30-108. Conveyances to grantee in a representative capacity. (1) An instrument conveying an interest in real property, in which the grantee is described as trustee, agent, conservator, executor, administrator, attorney-in-fact, personal representative, nominee, custodian, or a person acting in any other representative capacity, shall also describe the representative capacity of such grantee by one or more of the following means:

(a) Naming the person so represented;

(b) Identifying the statute, the trust or other agreement, or the court appointment under which the grantee is acting; or

(c) Referring, by proper description to book, page, document number, or file to an instrument, order, decree, or other writing containing any such description of the representative capacity of the grantee that is recorded with the county clerk and recorder in the county where the real property is located.

(2) If the representative capacity of the grantee is not described as provided in subsection (1) of this section, the description of a grantee in any such representative capacity in such instrument of conveyance shall be presumed to be a description of the person only and shall not be notice of the representative capacity of such grantee.

(3) After the recording of an instrument conveying an interest in real property in which the grantee is described as acting in a representative capacity, but in which the description of the grantee does not comply with subsection (1) of this section, and regardless of whether such instrument of conveyance was recorded prior to or after August 8, 2001, an affidavit that has been executed by or on behalf of such grantee, which refers by proper description by book, page, document number, or file to the recording information of such instrument of conveyance and that contains one of the descriptions of the representative capacity of such grantee described in subsection (1) of this section, may be recorded with the county clerk and recorder of the county where the real property is located. Upon the recording of such affidavit, all persons shall thereafter have notice of the representative capacity of such grantee with respect to the interest in real property so conveyed.

## Nearby sections

- [C.R.S. § 38-30-101 38-30-101. Parties entitled to hold lands may convey](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-101.md)
- [C.R.S. § 38-30-102 38-30-102. Water rights conveyed as real estate - well permit transfers - legislative decla](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-102.md)
- [C.R.S. § 38-30-103 38-30-103. Livery of seisin, not necessary](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-103.md)
- [C.R.S. § 38-30-104 38-30-104. Vendor's after-acquired title deemed in trust for vendee](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-104.md)
- [C.R.S. § 38-30-104.5 38-30-104.5. Grantor's interest in vacated right-of-way deemed included](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-104.5.md)
- [C.R.S. § 38-30-105 38-30-105. Lands not in possession may be conveyed](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-105.md)
- [C.R.S. § 38-30-106 38-30-106. Tenant in fee tail takes in fee simple](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-106.md)
- [C.R.S. § 38-30-107 38-30-107. Estate granted deemed fee simple unless limited](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-107.md)
- [C.R.S. § 38-30-107.5 38-30-107.5. Royalty interests - minerals or geothermal resources](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-107.5.md)
- [C.R.S. § 38-30-108 38-30-108. Conveyances to grantee in a representative capacity](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-108.md)
- [C.R.S. § 38-30-108.5 38-30-108.5. Conveyances to trusts - ownership and transfer of property](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-108.5.md)
- [C.R.S. § 38-30-109 38-30-109. Existing conveyances not notice of beneficiary unless statement filed in five ye](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-109.md)
- [C.R.S. § 38-30-110 38-30-110. Rule against perpetuities inapplicable to cemetery trusts](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-110.md)
- [C.R.S. § 38-30-111 38-30-111. Rule against perpetuities inapplicable to employees' pension trusts](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-111.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A30_S38-30-108. Check the current official text before relying on it. Not legal advice.