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Colorado Quiet Title Actions

Geoffrey P. Anderson
Item No: BK2025
Price: $145.00
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Your purchase includes the comprehensive 2011 Supplement. In this supplement, author Geoffrey P. Anderson discusses all the significant law from 2010 affecting quiet title actions.
 
Colorado Quiet Title Actions provides a step-by-step discussion of how to evaluate, investigate, file, and resolve lawsuits over real estate title problems. Useful to the novice as well as the skilled practitioner, the book includes discussions of identification of parties, whether the parties have a right to a jury trial, how to handle defunct companies, service of process, military parties, and many other issues that arise in preparing a quiet title lawsuit.

Quiet title actions are unique in that they often require evidence of historic land usages going back 20 to 100 years or more. The author discusses many research techniques and sources of historical information that can make or break a quiet title case.

In addition, the book includes extensive discussions of typical substantive legal issues that arise in quiet title actions. The treatment of Colorado adverse possession law is especially thorough. Other substantive law topics include prescriptive easements, public roads, boundary disputes, partition, equitable subrogation, spurious liens, and more.

Other topics of interest to lawyers handling quiet title cases include statutes of limitations, working with title companies, lis pendens, working with experts, judicial foreclosures, receiverships, private condemnation, settlement strategies, trial considerations, and ethical issues.

ALSO INCLUDED!:

  • 50 forms to use in taking a quiet title case from complaint to final decree.
  • A searchable CD that contains the text of the book and the forms.

Don't need the whole book? Select the chapters you want from the table of contents tab. Download individual PDF chapters for only $25.00 each.

Automatic Supplementation is included with the purchase of this book. Future updates will be shipped automatically at the subscriber price, plus shipping and handling and applicable sales tax, as soon as they are available. Please call customer service at 303-292-2590 if you DO NOT wish to keep your book up-to-date by enrolling in Automatic Supplementation.

Summary of Contents
Select and download individual chapters for only  $25.00 each.
 
Ch 1: Quiet Title—Setting the Stage
§ 1.1 History of Quiet Title Actions
§ 1.2 Purpose of Quiet Title Actions
§ 1.3 The Recording Act
§ 1.4 Off Record Title Issues
§ 1.5 Way of Necessity
§ 1.6 Easement by Implication
§ 1.7 Drainage Easements
§ 1.8 Oral Agreements
§ 1.9 Zoning
§ 1.10 Attorney’s Charging Lien

Ch 2: Mechanics of a Quiet Title Action
§ 2.1 Introduction
§ 2.2 Investigation
§ 2.3 Litigation Guarantee
§ 2.4 Legal Description
§ 2.5 Jurisdiction and Venue
§ 2.6 Right to a Jury Trial
§ 2.7 Default Judgment
§ 2.8 The Decree
FORMS

Ch 3: Parties and Service
§ 3.1 Parties
§ 3.2 Unknown Parties
§ 3.3 Servicemembers Civil Relief Act
§ 3.4 Military Attorney
§ 3.5 Service of Process

Ch 4: Defense of a Quiet Title Action
§ 4.1 Statutes of Limitations
§ 4.2 Defending a Quiet Title Action
FORM

Ch 5: Working with Experts
§ 5.1 Surveyors
§ 5.2 Appraisers

Ch 6: Lis Pendens
§ 6.1 Introduction
§ 6.2 When and Where to Record
§ 6.3 Effect of Notice of Lis Pendens
§ 6.4 Release
§ 6.5 Potential Liability for Recording a Lis Pendens
FORM

Ch 7: Quiet Title Actions Against the Federal Government
§ 7.1 Quiet Title Actions when the U.S. is a Party
§ 7.2 Limited Waiver of Sovereign Immunity
§ 7.3 Right, Title, or Interest
§ 7.4 Twelve-Year Statute of Limitations
§ 7.5 Other Procedural Aspects
FORMS

Ch 8:Judicial Foreclosures
§ 8.1 Introduction
§ 8.2 Initiating Judicial Foreclosure
FORMS

Ch 9: Receivers
§ 9.1 Introduction
§ 9.2 Appointment by Statute
§ 9.3 Appointment by Contractual Agreement
§ 9.4 Receivership as the Sole Claim for Relief
§ 9.5 Ex parte Appointment by Exigent Circumstances
§ 9.6 Assignment of Rents
§ 9.7 Preserving the Status Quo
§ 9.8 Motion and Complaint
§ 9.9 Proposed Order
§ 9.10 Common Objections
§ 9.11 Receivers, Oath, and Bond
§ 9.12 Receiver Management
§ 9.13 Discharge and Winding Up
FORMS

Ch 10: Adverse Possession
§ 10.1 Introduction
§ 10.2 Actual Possession
§ 10.3 Adverse or Non-Permissive Possession
§ 10.4 Hostile Possession
§ 10.5 Exclusive Possession
§ 10.6 Open and Notorious Possession
§ 10.7 Continuous Possession
§ 10.8 Statutory Period
§ 10.9 Presumptions
§ 10.10 Other Issues

Ch 11: Colorado Boundary Disputes
§ 11.1 Introduction
§ 11.2 Recognition and Acquiescence
§ 11.3 Boundary vs. Barrier
§ 11.4 Common Ownership Destroys Acquiescence
§ 11.5 Interplay of Boundary Dispute and Adverse Possession Statutes
§ 11.6 Procedural Aspects of Boundary Dispute Law
§ 11.7 Setting Boundary Lines by Parol Agreement
§ 11.8 Colorado Fence Law
§ 11.9 Water Courses as Boundaries

Ch 12: Access Issues
§ 12.1 Introduction
§ 12.2 Interpreting Written Easements
§ 12.3 Off Record Private Roads
§ 12.4 Restrictions on Use
§ 12.5 Public Roads

Ch 13: Spurious Liens, Partition, Equitable Subrogation, and Water Rights
§ 13.1 Spurious Liens
§ 13.2 Partition
§ 13.3 Equitable Subrogation

Ch 14: Researching Quiet Title Facts
§ 14.1 Introduction
§ 14.2 Chain of Title
§ 14.3 Aerial Photographs
§ 14.4 Historic Maps
§ 14.5 Government Archives
§ 14.6 Identifying Witnesses
Appendix to Chapter 14: Figures

Ch 15: Settlement Strategies
§ 15.1 Introduction
§ 15.2 Quitclaim Deed
§ 15.3 Disclaimer
§ 15.4 Easement Agreement
§ 15.5 Boundary Agreements
§ 15.6 Road Associations
§ 15.7 Mediation Considerations
FORMS

Ch 16: Warranty Deed Claims
§ 16.1 Introduction
§ 16.2 Liability of Prior Grantors
§ 16.3 Bringing an Action for Breach of Covenant of Warranty
§ 16.4 Statute of Limitations
§ 16.5 Damages
§ 16.6 Quitclaim Deeds
§ 16.7 Special Warranty Deeds

Ch 17: Trial Considerations
§ 17.1 Introduction
§ 17.2 Parol Evidence After Lazy Dog
§ 17.3 Hearsay Exceptions for Witness Testimony
§ 17.4 Exhibits
§ 17.5 Testimony
§ 17.6 View of the Premises
§ 17.7 Preparation of the Decree

Ch 18: Attorney Fees in Quiet Title Actions
§ 18.1 Introduction
§ 18.2 Attorney Fees Under Contract
§ 18.3 Attorney Fees Under C.R.S. § 13-17-102
§ 18.4 Attorney Fees Under C.R.C.P. 11
§ 18.5 Attorney Fees for Discovery Violations—C.R.C.P. 37
§ 18.6 Attorney Fees for Wrongful Acts

Ch 19: Ch 19: Legal Ethics Considerations in Quiet Title Actions
§ 19.1 Introduction
§ 19.2 Analysis
Geoff Anderson is a partner at Sweetbaum Sands Anderson PC where his practice focuses primarily on real estate litigation, real estate transactions, and commercial litigation. He has represented clients throughout the State of Colorado. Litigation matters have included real estate title issues, title insurance matters, private condemnation, mined land reclamation issues, construction defect, mechanics’ lien litigation, and enforcement of security interests, among others. Mr. Anderson also represents buyers, sellers, and lenders in real estate transactions. A particular area of emphasis in Mr. Anderson’s practice is road and access law. With the changing land use patterns in Colorado brought about by growth and an interest by many people to buy mountain properties, disputes over access across both public and private properties have become quite common. Mr. Anderson has litigated many of these cases in federal court in Denver as well as in state courts throughout Colorado. He has also lectured on road and easement law, quiet title, and other matters in continuing legal education courses. Mr. Anderson’s practice began in 1986 with Katch, Anderson and Wasserman where, among many other duties, he acted as a bankruptcy trustee for Chapter 7 cases. He also worked on bankruptcy matters on behalf of both debtors and creditors. Another significant practice area at that time was foreclosures. In 1988, he returned to Burns and Figa, where he had clerked during law school and stayed there until 2011 when he joined Sweetbaum, Levin and Sands.

Mr. Anderson is admitted to practice in the state courts in the State of Colorado, U.S. District Court for the District of Colorado, and the Tenth Circuit Court of Appeals. In addition to litigating and trying cases in state and federal court, Mr. Anderson has handled appeals before the Colorado Supreme Court, the Colorado Court of Appeals, and the Tenth Circuit. He also has extensive experience with arbitration and mediation as well as representing clients against a wide variety of governmental agencies, both in court and in administrative proceedings.

Mr. Anderson moved to Colorado when he was two years old and grew up in Fort Collins. He moved to Denver in 1982 to attend law school and currently resides in Littleton with his wife and two children. He is a volunteer at public radio station KUVO, 89.3 FM where he is an announcer on a jazz shift from 7 to 10 p.m. Tuesdays and he occasionally contributes concert reviews to allaboutjazz.com.
Format: 7x10" Hardcover with CD
Copyright: 2008, with cumulative pocket part through 2011
Pages: 380
ISBN: 1-978-932779-51-5
Publisher: Bradford Publishing Co.

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