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Colorado state statutes recognize both registered and unregistered land. The County Clerk in Otero County handles real property documents for registered as well as unregistered land. In order to record a deed, warranty deed, or other instrument involving real property, the property must be located in Otero County.
Recording Fees
$13 for the first page of all recorded documents
$5.00 for each additional page ($10.00 for each additional page on documents larger than legal size)
Documentary fee: $.05 per $500 dollars of applicable sales consideration
The consideration amount must be clearly marked on the deed and the transfer declaration. Some documents may be exempt from this fee.
Other specific fees are listed on a schedule posted by the local recording office. Contact that office with further questions.
Document Formatting Requirements
* Documents should be on white paper sized 8.5 x 11 inches or 8.5 x 14 inches.
* Any deed affecting title to real property should be acknowledged substantially in accordance with Colorado Revised Statutes 38-35-101.
* To ensure legibility, black ink with a font size of at least 12 point should be used.
* A top margin of at least 1 inch, and left, right, and bottom margins of at least .5 of an inch are required by state statute.
* If a deed is written in a language other than English, it should be accompanied by a sworn translation.
* The grantee's name and address should be provided on any deed transferring real property.
* A return address must be provided so that the original document can be returned.
* If a deed contains a newly created legal description of real property, it should include the name and address of the person who prepared the legal description.
* Immediately before or after the legal description, the street address or other comparable identifying numbers should be provided as an aid to identification. The assessor's parcel number assigned to the property can also be used as an aid to identification.
* All instruments wherein the parcels of the property affected are not separately enumerated or listed but are described as being from one numbered, lettered, or designated parcel to another shall be construed as including the first, last, and intervening designated parcels unless a contrary intention is set forth in the instrument.
* The consideration paid for the real property should be included in the form of the conveyance.
Any conveyance document presented for recording shall be accompanied by the Colorado Real Property Transfer Declaration (TD-1000).
Torrens Land:
A certificate of registration shall contain the name of the owner, a description of the land and of the estate of the owner, and shall contain a description of all encumbrances, liens, and interest to which the estate of the owner is subject. It shall state the residence of the owner and if a minor, give his age; if under disability, it shall state the nature of the disability; it shall state whether married or not, and if married, name the spouse.
Before a deed affecting registered land can be recorded, the owner shall present a certificate from the county treasurer showing that all taxes due thereon have been paid.