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