July 18, 2019

SB 17-097: Broadening Application of Presumption of Conveyance for Adjacent Rights-of-Way

On January 27, 2017, Sen. Beth Martinez Humenik and Rep. James Coleman introduced SB 17-097, “Concerning the Presumption that a Conveyance of an Interest in Land also Conveys an Interest in Adjoining Property Consisting of a Vacated Right-of-Way.”

Under current law, a conveyance by warranty deed carries the presumption that the grantor’s interest in an adjoining vacated street, alley, or other right-of-way is included with the property whose legal description is contained in the deed. However, this presumption does not apply to other types of deeds or to a lease, mortgage, or other conveyance or encumbrance.

The bill removes the language containing the presumption from the warranty deed statute and relocates it, with amendments, so as to broaden the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens.

The bill was introduced in the Senate and assigned to the Judiciary Committee. It was amended in committee and referred to the Senate Committee of the Whole for Second Reading. The bill passed Second Reading with amendments and passed Third Reading with no further amendments. The bill was introduced in the House and assigned to the Local Government Committee.

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