Title 70, Title 70

(1) A joint tenancy as to any interest in real property may be established by the owner of the interest by designating in the instrument of conveyance or transfer the names of the joint tenants, including the person's own, without the necessity of any transfer or conveyance to or…

When an attorney-in-fact executes an instrument transferring an estate in real property, the attorney-in-fact shall subscribe the name of the principal to it and the attorney-in-fact's own name as attorney-in-fact.

A person in whom the title of real estate is vested, who afterwards from any cause has the person's name changed, shall, in any conveyances of the real estate, set forth the name in which the person derived title to the real estate, and a failure to comply with the provisions of …

Redelivering a grant of real property to the grantor or canceling it does not operate to retransfer the title.

(1) Upon the sale or transfer of ownership of a dwelling not otherwise required to have a carbon monoxide detector and a smoke detector, the seller shall provide a written notice to the buyer in a buy-sell agreement or at the time of the sale to the buyer that the dwelling is equ…

(1) As used in this section, "purchaser under contract for deed" means: (a) any person who: (i) has entered into a contract with the record owner of real property in which it was agreed that the record owner will deliver the deed to the property to the purchaser when certain cond…

The following are the rules for construing the descriptive part of a conveyance of real property when the construction is doubtful and there are no other sufficient circumstances to determine it: (1) Where there are certain definite and ascertained particulars in the description,…

(1) When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other…

A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.

When a person purports by proper instrument to grant real property in fee simple and subsequently acquires any title or claim of title to the real property, the real property passes by operation of law to the grantee or the grantee's successors.

A grant of an estate in real property is conclusive against the grantor and against every one subsequently claiming under the grantor except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that is first duly…

(1) The use of the word "grant" in any conveyance by which an estate of inheritance or fee simple or possessory title is to be passed implies only the following covenants and none other on the part of the grantor for the grantor and the grantor's heirs to the grantee and the gran…

The term "encumbrances" includes taxes, assessments, and all liens upon real property.

Lineal and collateral warrants, with all their incidents, are abolished, but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property are, except as provided in 70-1-522, answerable upon the covenant o…

A transfer of land bounded by a highway passes the title of the person whose estate is transferred to the soil of the highway in front of the center thereof unless a different intent appears from the grant.

A transfer of real property passes all easements attached thereto and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the per…

Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.

In all conveyances of real property made in joint tenancy where the right of survivorship is contained in the grant of such conveyance, the right of survivorship exists by virtue of such grant.

When a grant is made upon condition subsequent and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant shall reconvey the property to the grantor or the grantor's successors by grant duly acknowledged for the reco…

An instrument purporting to be a grant of real property to take effect upon condition precedent passes the estate upon the performance of the condition.

A grant made by an owner of an estate for life or years, purporting to transfer a greater estate than the owner could lawfully transfer, does not work a forfeiture of the owner's estate but passes to the grantee all the estate that the grantor could lawfully transfer.

When real property is occupied by a tenant, a grant of any estate in the property by the tenant's landlord is valid without an agreement to continue the tenancy by the tenant to the grantee. However, the payment of rent to the grantor by the tenant before notice of the grant is b…

All deeds to real property executed prior to January 1, 1983, in this state or any state or territory of the United States, provided no action is pending on October 1, 1983, to set aside any such deed, which shall have been signed by the grantors in due form, shall be sufficient …

When a deed to real property has been made, executed, and acknowledged prior to the year 1900 by a grantor without recital in the body of the deed or acknowledgment as to whether or not the grantor is married or single and the wife of the grantor, if any, not joining in the conve…

Every instrument, other than a will, affecting an estate in real property, including every charge upon real property or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof or encumbrancers thereon is void as against every purchaser or enc…

An instrument is not to be avoided under 70-20-401 in favor of a subsequent purchaser or encumbrancer having notice at the time the purchase was made or the lien was acquired unless the person in whose favor the instrument was made was a privy to the fraud intended.

(1) When a power to revoke or modify an instrument affecting the title to or enjoyment of an estate in real property is reserved to the grantor or given to any other person, a subsequent grant of or charge upon the estate by the person having the power of revocation in favor of a…

The rights of a purchaser or encumbrancer in good faith and for value are not to be impaired by any of the foregoing provisions of this part.

Other provisions concerning unlawful transfers are contained in Title 31, chapter 2, part 3, concerning the special relations of debtor and creditor.

Unless the context requires otherwise, in this part the following definitions apply: (1) "Adverse material fact" means a condition, malfunction, or problem that would have a materially adverse effect on the monetary value of real property, that affects the structural integrity of…

(1) In any transfer of residential real property in the state, the seller shall provide a disclosure statement to a buyer disclosing any adverse material facts that concern the residential real property and of which the seller has actual knowledge. The disclosure statement must b…

The written disclosure statement set forth in 70-20-502(1) is not required for the following transfers of residential real property: (1) transfers pursuant to a court order, including but not limited to a transfer ordered by a probate court during the administration of a decedent…

(1) Unless otherwise agreed to by the buyer and the seller in writing, if a disclosure statement is provided by a seller to a buyer after the execution of a contract, the buyer shall have 3 days from the day the seller or the real estate agent or other authorized representative o…

(1) A disclosure statement as provided in 70-20-502 does not constitute a warranty of any kind by the seller or the real estate agent or other authorized representative of the seller. (2) The disclosure statement must be considered a disclosure by the seller only and not the real…