Saturday, March 5, 2011

Colorado Law

Property
  • Adverse possession
  • Concurrent ownership
    • Authority: C.R.S. § 38-31-101
    • Presumption:
      • Usually tenancy in common
      • For transfer to two fiduciaries, joint tenancy
    • Joint tenancy
      • Creation: "jointly," "joint tenancy," "JTWROS" Joint tenant with right of survivorship
      • In real property: only for natural persons, unless it's to fiduciaries
      • Destruction: A person can unilaterally make his share "in common," but if there are two or more remaining joint tenants, their in common share will be joint among themselves.
      • Unities:
        • Equality of interest presumed but not required
        • Unities of interest required except where modified by this statute


Torts

  • Landowner's liability
    • Authority: C.R.S. § 13-21-115
    • Trespassers: willful and deliberate
    • Licensees:
      • Reasonable care for known dangers created by landowners
      • Reasonable care for known unusual dangers
    • Invitees:
      • Reasonable care in protecting against dangers that reasonably should be known
      • For agricultural or vacant land: reasonable care for known dangers