Longmont 303-776-9900
Louisville 720-726-3670

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Commentary and Analysis Regarding Colorado Law

Oil and Gas Notifications in Colorado Real Estate Contracts

Suzan FritchelColorado real estate practitioners have seen the addition of oil and gas notification provisions in the real estate approved forms for the purchase and sale of real property.  In bold face type, the buyer is warned that the surface estate may be owned separately from the underlying mineral estate and that the purchase of the surface may not include the minerals.  The buyer is further advised so that there may be a surface use agreement in place, that there may be oil and gas activity on the property or on adjacent property and that it is advisable to seek out additional information from the COGCC.  As of January 1, 2016, these disclosures were mandated by statute to be part of all residential purchase and sale contracts, i.e., not only in those approved by the Colorado Real Estate Commission.  For recommended language, see:  http://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-35-7-108.html

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Longmont Office

515 Kimbark Street, Second Floor
Longmont, CO 80502
Phone: 303-776-9900 
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Louisville Office

363 Centennial Parkway, Suite 110
Louisville, CO 80027
Phone: 720-726-3670 
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