Common Title Issues in Colorado and How to Resolve Them

At Canyon Title, we've seen firsthand how title issues can complicate real estate transactions across Colorado. From Denver's historic neighborhoods to new developments in Colorado Springs, each property has a unique history and potential complications. Familiarity with common title issues can help you navigate your property transaction more smoothly. 

1. Liens and Encumbrances

**The Issue**: Unpaid property taxes, contractor liens, or HOA assessments can create claims against your property.

**Colorado Context**: Colorado's construction boom has increased mechanic liens, particularly in rapidly developing areas like Denver's RiNo district and the Front Range communities.

**The Solution**: Canyon Title performs thorough lien searches across multiple Colorado jurisdictions. If we discover liens, we work with sellers to ensure they're paid at closing or, when appropriate, disputed through proper legal channels. Our relationships with county offices throughout Colorado expedite this process.

2. Boundary and Survey Disputes

**The Issue**: Inaccurate property descriptions or boundary disputes between neighbors can affect your ownership rights.

**Colorado Context**: This is particularly common in mountain properties, rural parcels in counties like Grand or Summit, and older Denver neighborhoods where original surveys may be outdated.

**The Solution**: Canyon Title recommends current ALTA surveys for properties with potential boundary issues. We coordinate with trusted Colorado surveyors who understand local regulations and historical property divisions. When discrepancies arise, we facilitate resolution between parties before closing.

3. Public Record Errors

**The Issue**: Mistakes in public records—misspelled names, incorrect legal descriptions, or improperly filed documents—can cloud your property title.

**Colorado Context**: Colorado counties have digitized records at different rates, so some areas maintain more accurate digital records than others. Rural counties sometimes have more clerical errors in their records.

**The Solution**: Our title professionals meticulously cross-reference documents across multiple sources. When errors are discovered, Canyon Title navigates Colorado's specific document correction procedures, which often involve filing affidavits of correction with the appropriate county clerk and recorder's office.

4. Undisclosed Heirs

**The Issue**: Previously unknown heirs may claim an ownership interest in a property.

**Colorado Context**: Colorado's probate laws govern how property passes to heirs. Colorado properties can become subject to complex inheritance disputes without proper estate planning.

**The Solution**: Canyon Title conducts extensive ownership history research. When potential heir issues arise, we may recommend quiet title actions—legal proceedings that "quiet" potential claims and establish clear ownership. Our network of Colorado estate attorneys can help navigate these sensitive situations.

5. Colorado-Specific: Water Rights Disputes

**The Issue**: Water rights can be owned separately from land in Colorado, creating unique title complications.

**Colorado Context**: Under Colorado's prior appropriation system ("first in time, first in the right"), water rights are particularly valuable and often disputed, especially in agricultural areas and mountain communities.

**The Solution**: Canyon Title works with water rights specialists to research water court decrees and ensure property transactions adequately address connected water rights. We can help determine if water rights are included in your transaction and document them appropriately.

6. Easements and Access Issues

**The Issue**: Undisclosed easements may grant others certain rights to use your property.

**Colorado Context**: Mountain properties and rural Colorado parcels often have access easements across neighboring land. Historical utility easements are common in established Front Range communities.

**The Solution**: Our title search identifies recorded easements affecting the property. Canyon Title can help negotiate and properly document access easements for properties with access concerns to ensure legal ingress/egress that will satisfy mortgage lenders.

How Canyon Title Resolves Colorado Title Issues

When title issues arise, Canyon Title doesn't just identify problems—we solve them. Our approach includes:

1. **Early Detection**: Our comprehensive title search process identifies potential issues early in the transaction.

2. **Colorado-Specific Expertise**: Our understanding of Colorado property law allows us to implement appropriate solutions for each unique situation.

3. **Curative Work**: We actively work to cure title defects through document preparation, negotiations, and coordination with Colorado attorneys when necessary.

4. **Title Insurance Protection**: We can provide title insurance coverage for specific known issues, allowing transactions to proceed while protecting new owners.

At Canyon Title, we believe in solving problems rather than simply reporting them. Our commitment to clean, insurable titles helps Colorado real estate transactions close smoothly, even when challenges arise.

Contact Canyon Title today to learn more about how we can help address any title concerns with your Colorado property.