Greeley, CO asked in Real Estate Law for Colorado

Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

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2 Lawyer Answers
Anthony M. Avery
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Answered

A: The granting clause is a little imprecise. That is actually an estate in the grantor until the termination of the grantor's son' life, and then either goes to a remainderman or reverts back to the grantor and his heirs. It is a future interest deed. You have not stated enough facts to really determine the entire conveyance. Being a special WD means there is probably some title defect that the grantor did not create. If you are interested in the property, then hire a CO attorney to search the title and determine the precise estate created. From your facts given, no rights go to the son.

Michael Joseph Larranaga
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Answered
  • Parker, CO
  • Licensed in Colorado

A: I agree with Mr. Avery. You did not include the important part of the granting clause. It is clear that a life estate is at play here but nothing else can be seen here.

If you want a precise answer, you need to hire a CO attorney. It is very unlikely anyone will give you legal advice relating to landownership via an open forum.

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