SB 17-097

Senate Bill 17-097 changes Colorado law so that when someone sells or transfers property, it now includes any nearby vacated alleys or streets by default. This applies not just to specific types of property sales (like warranty deeds), but also to leases and mortgages. Before the bill was signed into law, only certain types of property transfers included this automatic inclusion of vacated areas. Now, all property transactions are covered under this rule. Since it has been signed, this new law is in effect and impacts anyone buying, selling, leasing, or mortgaging property in Colorado.

Official Summary

Under current law, a conveyance by warranty deed carries the presumption that the grantor's interest in an adjoining vacated street, alley, or other right-of-way is included with the property whose legal description is contained in the deed. However, this presumption does not apply to other types of deeds or to a lease, mortgage, or other conveyance or encumbrance. The bill removes the language containing the presumption from the warranty deed statute and relocates it, with amendments, so as to broaden the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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