The deed is the document that actually transfers ownership of Colorado land. Every deed type makes different promises — or no promises at all — about the quality of the title being conveyed. Use the wrong deed type and you'll either over-promise (creating liability you didn't intend) or under-deliver (killing the deal when the title company won't insure it). Under C.R.S. § 38-30-113, a warranty deed conveys with full covenants. Under C.R.S. § 38-30-115, a quit claim deed conveys whatever the grantor has — nothing more. This guide covers every deed type used in Colorado land transactions, when to use each one, and what they mean for title insurance. Call 970-478-1022 — we accept any marketable deed type that lets a Colorado title company insure the transaction.
A deed transfers ownership. But more than that, it represents a set of promises from the seller to the buyer about the quality of that ownership. Those promises — called covenants of title — determine what happens if a title defect surfaces after closing. Different deed types carry different covenants, and each one has a specific use case in Colorado real estate.
The general warranty deed is the gold standard in Colorado land sales. Under C.R.S. § 38-30-113, it conveys with the full covenants of title codified at C.R.S. § 38-30-117. The grantor warrants against any defect in title — including defects created by anyone who owned the land before the grantor. That's a broad promise.
The five covenants of a Colorado general warranty deed are:
These covenants run backward in time — the grantor is liable for defects created by any prior owner in the chain. Title insurance typically costs less on a general warranty deed transaction because the insurer knows the grantor is standing behind the title.
The special warranty deed conveys the same five covenants, but only as to defects created during the grantor's period of ownership. The grantor warrants against what they did — not what prior owners did. If there's a title defect that predates the grantor's ownership, the buyer has no recourse against the grantor (only against the title insurance policy, if one was obtained).
Special warranty deeds are common in commercial transactions, estate sales, bank REO (real estate owned) sales, and corporate conveyances. Banks, LLCs, and corporations routinely use special warranty deeds because they're only willing to guarantee what happened on their watch. For most rural Colorado vacant land sales, a special warranty deed is often acceptable to title companies.
A bargain and sale deed conveys the grantor's interest but makes no warranties of title whatsoever. The buyer gets exactly what the grantor has — no more. There's no promise that the grantor owns the land, has the right to convey it, or that the title is clear. This deed type is most commonly used in tax lien and treasurer's deed sales, sheriff's sales, and other distress situations where the conveying party is not the original owner and is not in a position to make title promises.
Title insurance on a bargain and sale deed is harder to obtain and may include additional Schedule B exceptions. Buyers frequently commission title searches going back to original patent before accepting a bargain and sale deed.
The quit claim deed — Colorado spells it as two words — conveys only whatever interest the grantor happens to hold at the time of the deed, with zero warranty of any kind. If the grantor owns nothing, the buyer receives nothing. If the grantor owns a one-third undivided interest, the buyer gets a one-third interest.
Colorado quit claim deeds are used in specific situations:
See our Colorado quit claim deed guide for the complete mechanics, recording requirements, and common mistakes.
Colorado's Beneficiary Deed Act, C.R.S. § 15-15-401 et seq., allows a landowner to designate a beneficiary who automatically receives the property at the owner's death — without probate. It's similar to a TOD (transfer on death) designation on a bank account. The owner retains full control during their lifetime and can revoke or change the designation at any time. The deed only takes effect at death.
For vacant land owners who want to avoid probate without the complexity of a trust, a beneficiary deed is the simplest tool. It's recorded at the county clerk and recorder during the owner's lifetime, but the property doesn't transfer until death — at which point the beneficiary records a certified copy of the death certificate to complete the transfer.
When a county sells land at a tax lien foreclosure sale, the county treasurer conveys it via a Treasurer's Deed. When a court orders a forced sale (partition, judgment execution), the county sheriff conveys via a Sheriff's Deed. Both convey whatever interest the governmental authority has — typically with no title warranties. Title insurance on treasurer's deeds requires a quiet title action or waiting period in most Colorado counties. We've purchased land conveyed by both types of deeds and know the title clearing process well.
The deed type you use determines what you're promising and what recourse the buyer has if something goes wrong. Here's a decision framework for common Colorado land situations.
Use a general warranty deed under C.R.S. § 38-30-113. This is what title companies expect, what buyers expect, and what supports clean title insurance at standard rates. If you've owned the land for years and have a clear chain of title, you're not taking much risk by warranting against all prior defects — because there aren't any.
Use a special warranty deed. You're only warranting what happened since the land came to you — not what prior owners may have done. Title companies commonly insure special warranty deed transactions from estates and trusts. The buyer can still get full coverage through their owner's title policy.
Use a quit claim deed. No consideration is changing hands, no title company is involved, and both parties understand the nature of the transfer. Record at the county clerk and recorder under C.R.S. § 38-35-109.
Use a beneficiary deed under C.R.S. § 15-15-401. Simple to prepare and record, revocable at any time, and accomplishes the same goal as a trust for a single asset at a fraction of the cost.
See our Colorado closing timeline for the full sequence from signed contract to recorded deed.
In Costilla and Las Animas counties, old Spanish and Mexican land grant parcels sometimes have chains of title stretching back to the 1800s with incomplete or conflicting deeds. Gaps in the chain — predecessors who died without a probate, quit claim deeds from grantors with unclear authority — require quiet title actions before a title company will insure. We've navigated this process in both counties and know which title companies have the historical knowledge to work through these chains efficiently.
In Weld and Larimer counties, subdivisions platted in the 1960s–1980s sometimes have deed restrictions from the original developer that conflict with current county zoning. When a lot is sold, the grantor needs to choose between a warranty deed (warranting against those restrictions even if they're buried in a 1972 subdivision declaration) or a special warranty deed. Most sellers in these situations use a special warranty deed and let the title policy cover the historical restrictions.
Mountain counties — Routt, Grand, Summit — see frequent use of beneficiary deeds on vacation-property parcels. Owners don't want to set up a full trust for a 10-acre parcel they rarely visit. A beneficiary deed recorded at the county clerk is the right tool — low cost, revocable, and completely avoids the probate process that would otherwise apply.
See also: Colorado quit claim deed guide, selling inherited Colorado land, and land in probate.
Get answers to common questions about selling your land
A general warranty deed under C.R.S. § 38-30-113 makes five covenants of title — the seller guarantees they own the land, have the right to convey it, and it's free of undisclosed encumbrances, going back through all prior owners. A quit claim deed under C.R.S. § 38-30-115 makes zero warranties — the seller conveys only whatever interest they happen to hold, with no promises about what that interest is.
Use a special warranty deed under C.R.S. § 38-30-116 when you can't or won't warranty defects created by prior owners — estates, trusts, corporate sellers, bank REO sales, and inherited property are typical cases. You're only warranting what happened during your ownership. Title companies insure special warranty deeds routinely; buyers get full coverage through their owner's title policy.
A beneficiary deed under C.R.S. § 15-15-401 designates who receives your land at death — automatically, without probate. You record it at the county clerk while you're alive. You retain full ownership and can revoke it anytime. At your death, the beneficiary records your death certificate and the property transfers to them. It's the simplest way to avoid probate on a single Colorado land parcel.
Legally valid, but often problematic for a market-price sale. Title companies can insure quit claim deed transactions, but they're cautious — if the grantor's interest is unclear, the insurer may exclude coverage for that uncertainty. Buyers purchasing at market price almost always want a warranty or special warranty deed. Quit claim deeds work well for intra-family transfers, estate planning, and clearing title clouds.
A treasurer's deed conveys land after a county tax lien sale. It makes no title warranties — the county is conveying only its interest. Title insurance on a treasurer's deed typically requires either a quiet title action or a waiting period (often 3 years) to let the former owner's redemption rights expire. We buy treasurer's deed parcels and can navigate the quiet title process if needed.
Record a correction deed (also called a confirmatory deed) at the county clerk under C.R.S. § 38-35-109. The correction deed references the original deed, states what was incorrect, and conveys with the corrected information. No new consideration is required — it's correcting an error, not a new sale. The documentary fee under C.R.S. § 39-13-104 is typically exempt for correction deeds with no new consideration.
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