Louisville, CO asked in Real Estate Law for Colorado

Q: If land is partitioned by survey at the approval of the court and signed by the court, does the defendant need to file?

Is the defendant still required to sign and file a special warranty deed if in protest?

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1 Lawyer Answer

A: There is too much missing information to answer to your question. Are you are asking if a prior contractually required special warranty deed is still valid if the court approves a partition? If this is the case, you will need to contract a lawyer directly who can review all the documentation and provide an answer. As a general rule, enforceable contractual terms should be included in the final orders/judgment of the court. Therefore, a court order may trump prior contractual terms.

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