Title 70, Title 70

Real or immovable property consists of: (1) land; (2) that which is affixed to land, including a manufactured home declared an improvement to real property under 15-1-116; (3) that which is incidental or appurtenant to land; (4) that which is immovable by law.

Real property within this state is governed by the law of this state, except where the title is in the United States.

(1) Every kind of property that is not real is personal. (2) Digital assets are considered personal property. (3) For the purposes of this section, "digital assets" means cryptocurrencies, natively electronic assets, including stable coins and nonfungible tokens, and other digita…

If there is no law to the contrary in the place where personal property is situated, it is considered to follow the person of its owner and is governed by the law of the owner's domicile.

Property is acquired by: (1) occupancy; (2) accession; (3) transfer; (4) will; or (5) succession.

The original and ultimate right of all property, real and personal, within the jurisdiction of this state and not belonging to the United States is in the people of the state.

The state is the owner of: (1) all land below the water of a navigable lake or stream; (2) all property lawfully appropriated by it to its own use; (3) all property dedicated or granted to the state; and (4) all property of which there is no other owner.

Whenever the title to any property fails for want of heirs or next of kin, it reverts to the state. All property within the limits of this state which does not belong to any person belongs to the state.

The state or any county thereof may acquire property by taxation in the modes authorized by law.

The state may acquire or authorize others to acquire title to property, real or personal, for public use, in the cases and in the modes provided in chapter 30 of this title.

In respect to real or immovable property, the interests mentioned in this part are denominated estates and are specially named and classified in 70-15-202 through 70-15-216, in Title 70, chapter 15, part 3, in Title 70, chapter 16, in 70-17-101 through 70-17-111, and in Title 72,…

The ownership of property is either: (1) absolute; or (2) qualified.

The ownership of property is absolute when a single person has the absolute dominion over it and may use it or dispose of it according to the person's pleasure, subject only to general laws.

The ownership of property is qualified when: (1) it is shared with one or more persons; (2) the time of enjoyment is deferred or limited; (3) the use is restricted.

The ownership of property by a single person is designated as a sole or several ownership.

The ownership of property by several persons is either of: (1) joint interests; (2) partnership interests; (3) interests in common.

A joint interest is one owned by several persons in equal shares by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy or when granted or devised to executors or trustees as joint tenants.

When so specified in the agreement granting for a term of time the right in two or more persons to use or occupy any safe or box, commonly referred to as a safe deposit vault or box for the safekeeping of valuables, such interest and estate created in the grantees shall be a join…

All persons holding as tenants in common, joint tenants, or any number less than all may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of that party. In all cases, one tenant in common or one joint tenant ma…

A partnership interest is one owned by several persons in partnership for partnership purposes.

An interest in common is one owned by several persons, not in joint ownership or partnership.

Every interest created in favor of several persons in their own right, including husband and wife, is an interest in common unless acquired by them in partnership for partnership purposes or unless declared in its creation to be a joint interest, as provided in 70-1-307.

In respect to the time of enjoyment, an interest in property is either: (1) present or future; and (2) perpetual or limited.

A present interest entitles the owner to the immediate possession of the property.

A future interest entitles the owner to the possession of the property only at a future period.

No future interest in property is recognized by the law, except such as is defined in this code.

A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.

A perpetual interest has a duration equal to that of the property.

A limited interest has a duration of less than that of the property.

A future interest is either: (1) vested; or (2) contingent.

A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property upon the ceasing of the intermediate or precedent interest.

A future interest is contingent whilst the person in whom or the event upon which it is limited to take effect remains uncertain.

Two or more future interests may be created to take effect in the alternative so that if the first in order fails to vest, the next in succession shall be substituted for it and take effect accordingly.

Future interests pass by succession, will, and transfer in the same manner as present interests.

The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on event. In the latter case, the enjoyment is said to be upon condition.

Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right.

If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition…

Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void, but this does not affect limitations where the intent was not to forbid marriage but only to give the use until marriage.

Conditions restraining alienation, when repugnant to the interest created, are void.

A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.

When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.

A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized in the creation thereof, nor is the future interest, thus liable to be defeated, to be on that ground adjudged void in its creation.

A future interest depending on the contingency of the death of any person without successors, heirs, issue, or children is defeated by the birth of a posthumous child of such person, capable of taking by succession.

No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest or by destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by 70-1-424 or where a forfeiture is …

No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect, but should such contingency afterwards happen, the future interest takes effect in…