Navigate the Rockies' Complex Market
Master water courts, mining claims, wildfire zones, and the nation's most comprehensive disclosure requirements. From the Front Range to the Western Slope, we'll guide you through Colorado's unique land sale challenges.
Most Complex Water System
7 Water Courts
Prior appropriation doctrine - "First in time, first in right"
Disclosure Requirements
38+ Items
MANDATORY by C.R.S. § 38-35.5-101 - most comprehensive in US
Documentary Fee
$0.01 per $100
Only $100 on a $1M sale (seller typically pays)
Documentary Fee
$0.01 per $100
$100 on $1M sale
Sellers Disclosure
MANDATORY
Most comprehensive in US
Water Rights
Prior Appropriation
Extremely complex
Wildfire Zones
Disclosure Required
High-risk areas
Peak Season
May-September
Mountain properties
Title System
Title Commitment
Standard practice
Colorado's land market is as diverse as its geography—from the high-altitude resort towns of the Western Slope to the sprawling ranches of the Eastern Plains and the development-hungry Front Range corridor. But regardless of where your property sits, one thing unites all Colorado land sales: complexity.
Why Colorado is Different
Colorado is one of only a handful of states with dedicated water courts. The state has 7 water court divisions, each handling disputes and applications for the watershed it governs. This isn't just a technicality—water rights can make or break a land sale in Colorado.
Colorado follows the "first in time, first in right" doctrine. This means the earliest water rights holders get priority during shortages. Your property's water rights could date back to the 1800s mining era—or you might have no rights at all.
You MUST disclose all water rights, wells, permits, ditch shares, and augmentation plans. Buyers will verify through:
Many Colorado properties come with shares in irrigation ditches or mutual ditch companies. These shares entitle you to a portion of the ditch's water and carry annual maintenance assessments. They're often separately deeded and highly valuable—especially in agricultural areas.
Not Optional. MANDATORY.
Colorado is one of only about 15 states that requires comprehensive seller disclosure for all property types—including vacant land. The disclosure covers 38+ items, and failure to comply can result in contract rescission or lawsuit.
Colorado's mining heritage isn't just history—it's actively complicating land titles today. Especially in mountain counties, mining claims from the 1800s gold rush era can still cloud your title and impact a sale.
Patented Claims:
Federal government transferred ownership to private party. These are now private property and part of the title chain.
Unpatented Claims:
Mining rights on public land. Can affect your surface rights if overlapping. Must research BLM records.
Extremely common in Colorado. Someone else may own the minerals under your land—and have the right to access them.
Many Colorado mountain properties have complex title histories with multiple mining claims, patents, and mineral reservations. A thorough title search by an experienced Colorado title company is non-negotiable.
Wildfire Disclosure is Mandatory
If your property is in a high or extreme wildfire risk zone (most mountain properties are), you must provide wildfire hazard disclosure to buyers. Insurance availability is also becoming a major issue.
Some Colorado mountain areas are losing insurance coverage entirely. Buyers will need to verify they can obtain insurance before closing—and it may be expensive. This can kill deals at the last minute.
Colorado has some of the highest radon levels in the nation. While testing isn't required for vacant land, if there are structures built before 1978, lead-based paint disclosure is also mandatory.
Colorado legalized recreational marijuana, creating a unique agricultural land market. Whether your property was used for cultivation—or could be—affects value and requires specific disclosures.
While state law allows cannabis cultivation, many counties and municipalities have banned or heavily restricted it. Always verify local rules before marketing property for cultivation potential.
Colorado Leads the Nation in HOAs
Colorado has more HOAs per capita than almost any other state—and that includes vacant land. Even undeveloped lots are often subject to HOA rules, dues, and restrictions.
Metropolitan districts are special taxing authorities common in Colorado. They can add $3,000-$5,000+ annually in property taxes on top of regular taxes—even for vacant land.
In Colorado, HOA assessment liens take priority over mortgages in foreclosure. HOAs can foreclose for unpaid dues—making it critical to keep dues current through sale.
Well permits, ditch shares, augmentation plans—Colorado's water court system is the most complex in the nation. Get everything documented.
Colorado uses title commitment system. Check for mining claims, mineral reservations, and conservation easements that could cloud title.
All 38+ items required by C.R.S. § 38-35.5-101. One of the most comprehensive disclosure requirements in the US. Non-compliance can void the sale.
Historic 1800s mining claims still impact titles today. Verify no active or unpatented claims. Disclose severed mineral rights.
Mandatory disclosure in high/extreme wildfire risk areas. Most mountain properties require wildfire hazard disclosure.
Colorado has more HOAs per capita than most states. Get resale certificate, financials, rules. Metro districts can add $3,000+ annually.
Improvement Location Certificate (ILC) or full survey. Critical for boundary disputes and water rights verification.
Mountain properties peak May-September. Front Range year-round. Eastern Plains agricultural cycles. Price accordingly.
Drone footage essential for mountain properties. Showcase water rights, views, access. Highlight recreational potential.
Understand buyer financing constraints. Water rights and wells often impact loan approval. Cash offers avoid complications.
Use Colorado Real Estate Commission approved contracts. Include water rights, mineral rights, wildfire, HOA disclosures.
Typically 10-20 days. Buyer inspects, verifies water rights, checks title, reviews disclosures. Update if conditions change.
Colorado is a title company state (not attorney state). Title company handles escrow, recording, and fund disbursement.
$0.01 per $100 of sale price (seller typically pays). County clerk records deed. Transaction complete.
Summit, Eagle, Pitkin, Routt, Clear Creek counties
Denver, Boulder, Jefferson, Arapahoe, Douglas, El Paso counties
Mesa, Garfield, Delta, Montrose, Gunnison counties
Weld, Morgan, Logan, Yuma, Washington counties
Master the state's most complex land sale system—or skip it entirely.
This guide provides general information about selling land by owner in Colorado and should not be construed as legal, tax, or financial advice. Colorado real estate laws, water rights regulations, disclosure requirements, and local ordinances are complex and subject to change. Requirements vary significantly by county and municipality. We strongly recommend consulting with a Colorado-licensed real estate attorney, CPA, and water rights specialist before proceeding with any land sale. Information about documentary fees, disclosure requirements, water courts, mining claims, HOA regulations, and metro districts is provided for educational purposes only. While we strive for accuracy, we make no guarantees regarding the completeness or currentness of this information. Sellers are solely responsible for compliance with all applicable federal, state, and local laws, including but not limited to C.R.S. § 38-35.5-101 (Sellers Property Disclosure), water rights disclosure, wildfire hazard disclosure, HOA disclosure requirements, and cannabis cultivation disclosure. Always verify current regulations with appropriate Colorado state agencies, county offices, and legal professionals before making any decisions.