(a) Complete Adjudication of Rights. An action may be brought for the purpose of obtaining a complete adjudication of the rights of all parties thereto, with respect to any real property and for damages, if any, for the withholding of possession. The court in its decree shall grant full and adequate relief so as to completely determine the controversy and enforce the rights of the parties. The court may at any time after the entry of the decree make such additional orders as may be required in aid of such decree.
Rule 105.Actions Concerning Real Estate
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 105 lets a party bring a single action to resolve every competing claim to real property — including quiet title, foreclosure, and boundary disputes — so the court's decree finally and completely settles who owns what and can order damages for wrongfully withholding possession.
Full Text of Rule 105
(b) Record Interest; Actual Possession Requires Occupant Be Party. No person claiming any interest under or through a person named as a defendant need be made a party unless his interest is shown of record in the office of the recorder of the county where the real property is situated, and the decree shall be as conclusive against him as if he had been made a party; provided, however, if such action be for the recovery of actual possession of the property, the party in actual possession shall be made a party.
(c) Disclaimer Saves Costs. If any defendant in such action disclaims in his answer any interest in the property or allows judgment to be taken against him without answer, the plaintiff shall not recover costs against him, unless the court shall otherwise direct, provided that this section shall not apply to a defendant primarily liable on any indebtedness sought to be foreclosed or established as a lien.
(d) Execution of Quitclaim Deed Saves Costs. If a party, 21 days or more before bringing an action for obtaining an adjudication of the rights of another person with respect to any real property, shall request of such person the execution of a quitclaim deed to such property and shall also tender to such person $20.00 to cover the expense of the execution and delivery of a deed and if such person shall refuse or neglect to execute and deliver such deed, the filing by such person of a disclaimer shall not avoid the imposition upon such person of the costs in the action afterwards brought.
(e) Set-off for Improvements. Where a party or those under whom he claims, holding under color of title adversely to the claims of another party, shall in good faith have made permanent improvements upon real property (other than mining property) the value of such improvements shall be allowed as a set-off or as a counterclaim in favor of such party, in the event that judgment is entered against such party for possession or for damages for withholding of possession.
(f) Lis Pendens.
(1) Filing and Notice. A notice of lis pendens may be recorded as provided by statute.
(2) Determination of Effect on Real Property. Any interested person may petition the court in the action identified in the notice of lis pendens for a determination that a judgment on the issues raised by the pleadings in the pending action will not affect all, or a designated part, of the real property described in the notice of lis pendens, or a specifically described interest therein. After a hearing on such petition, the court shall make findings of fact and enter an order setting forth the description of the property as contained in the recorded notice of lis pendens and the description of the portion thereof or the interest therein, if any, the title to which will not be affected by judgment on the issues then pending in the action. Such order shall be a final judgment as to the matters set forth therein and if the order includes the determination required by Rule 54(b) as to its finality apart from remaining issues, it shall be appealable only as a separate judgment of that date.
(3) Disclaimer. Nothing in this Rule 105(f) shall be construed so as to preclude any party litigant from disclaiming an interest in all or any part of the real property affected by such notice of lis pendens, by filing with the court an instrument so indicating, containing a reference to the notice of lis pendens by its recording data sufficient to locate it in the records of the clerk and recorder. The filing of such instrument with the court then having jurisdiction shall bar any further claims of said party to such real property in said action.
(4) [Repealed].
(g) Description of Real Property. In any proceeding for the recovery of real property or an interest therein, such property shall be designated by legal description.
Amendment History
Amended effective July 1, 1985; July 1, 1990; April 1, 1993; January 1, 2012.
Plain-English Summary
Rule 105 is Colorado's mechanism for resolving quiet title and other real-property disputes in one lawsuit rather than piecemeal litigation. The court's decree is meant to resolve the whole controversy, and the court can issue further orders later to enforce it. Anyone whose interest in the property shows up in the county recorder's records must be named as a party for the decree to bind them, though a person living on or possessing the property must always be named regardless of whether their interest is recorded.
The rule builds in incentives to keep costs down: a defendant who disclaims any interest in the property, or lets judgment go against them without answering, generally is not charged the plaintiff's costs. And if someone asks a party in advance to sign a quitclaim deed and offers $20 to cover the paperwork, refusing that request and later disclaiming in court will not spare that person from paying costs. A party who has made good-faith permanent improvements to property under color of title can also claim a set-off or counterclaim for the value of those improvements if the court later rules against them on possession.
Rule 105 also covers the notice of lis pendens that flags a pending lawsuit affecting title. Anyone with an interest in the property can ask the court to rule that the litigation will not affect all or part of the property described in the notice, and that ruling becomes a final, appealable judgment on that narrow question. A party can also disclaim an interest in property covered by a lis pendens to end their exposure in the case. Any real property at issue in one of these actions must be identified by its legal description.
Frequently Asked Questions
Who has to be named as a defendant in a quiet title action under Rule 105?
Anyone whose interest in the property appears in the county recorder's records must be named, and their interest is bound by the decree as if they had been. A person in actual possession of the property must be named as a party even if their interest is not recorded.
How can a defendant avoid paying costs in a Rule 105 action?
A defendant who disclaims any interest in the property in their answer, or who lets judgment be entered against them without filing an answer, is not charged the plaintiff's costs unless the court decides otherwise. That protection does not extend to a defendant who is primarily liable on a debt the plaintiff is trying to foreclose or establish as a lien.
What does a notice of lis pendens do under this rule?
A notice of lis pendens, recorded as state statute provides, warns anyone checking the property records that a lawsuit affecting the property is pending. Under Rule 105(f), an interested person can ask the court to rule that the case will not affect all or part of the described property, and that ruling is a final, appealable judgment on that point.
Can a party recover for improvements made to property they later lose in court?
Yes. If a party made permanent improvements to the property in good faith while holding it under color of title, they can claim the value of those improvements as a set-off or counterclaim if judgment is later entered against them for possession or damages.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 105). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: quiet title action coloradoaction concerning real estate coloradolis pendens rule coloradorecover possession of real propertyadjudication of real property rightscolorado rule 105 real estate