Title 57, Title 57: Real Estate

57-2-12. Certificate of proof by subscribing witness. No certificate of such proof shall be made unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party is the person described in, and who executed, the same; that such person execut…

57-2-13. Form for certificate of proof. The certificate of proof shall be substantially in the following form, to wit:State of Utah, County of ____On this __________(month\day\year), before me personally appeared ____, personally known to me (or satisfactorily proved to me by the…

57-2-14. Proof of handwriting. No proof by evidence of the handwriting of a party, or of the subscribing witness or witnesses, shall be taken unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, out of the jurisdict…

57-2-15. Evidence required for certificate of proof. No certificate of any such proof shall be made unless a competent and credible witness shall state on oath or affirmation that the competent and credible witness personally knew the person whose name is subscribed thereto as a …

57-2-16. Subpoena to subscribing witness. Upon the application of any grantee in any conveyance required by law to be recorded, or of any person claiming under such grantee, verified under the oath of the applicant, that any witness to such conveyance residing in the county where…

57-2-17. Disobedience of subpoenaed witness -- Contempt -- Proof aliunde. Every person who, being served with a subpoena, shall without reasonable cause refuse or neglect to appear, or, appearing, shall refuse to answer upon oath touching the matters aforesaid, shall be liable to…

57-2a-1. Short title. This chapter is known as the "Recognition of Acknowledgments Act."

57-2a-2. Definitions. As used in this chapter: (1) "Acknowledged before me" means: that the person acknowledging appeared before the person taking the acknowledgment; that the person acknowledging executed the document; that, in the case of: a natural person, the natural person e…

57-2a-3. Persons authorized to perform notarial acts. (1) Notarial acts performed in this state shall be performed by: a judge or court clerk having a seal; a notary public; or a county clerk or county recorder. (2) The following persons authorized under the laws and regulations …

57-2a-4. Proof of authority -- Prima facie evidence. (1) Except as provided in Subsectionsand, the signature, title or rank, branch of service, and serial number, if any, of any person described in Subsectionare sufficient proof of his authority to perform a notarial act. Further…

57-2a-5. Certificate. A person taking an acknowledgment shall cause a certificate in a form acceptable under Sectionorto be endorsed on or attached to the document or other written instrument.

57-2a-6. Form of certificate. The form of a certificate of acknowledgment used by a person whose authority is recognized under Sectionshall be accepted if: (1) the certificate is in a form prescribed by the laws or rules of this state; (2) the certificate is in a form prescribed …

57-2a-7. Form of acknowledgment. (1) The form of acknowledgment set forth in this section, if properly completed, is sufficient under any law of this state. It is known as "Statutory Short Form of Acknowledgment." This section does not preclude the use of other forms.State of ___…

57-3-101. Certificate of acknowledgment, proof of execution, jurat, or other certificate required -- Notarial acts affecting real property -- Right to record documents unaffected by subdivision ordinances. (1) A certificate of the acknowledgment of any document, or of the proof o…

57-3-102. Record imparts notice -- Change in interest rate -- Validity of document -- Notice of unnamed interests -- Conveyance by grantee. (1) Each document executed, acknowledged, and certified, in the manner prescribed by this title, each original document or certified copy of…

57-3-103. Effect of failure to record. Each document not recorded as provided in this title is void as against any subsequent purchaser of the same real property, or any portion of it, if: (1) the subsequent purchaser purchased the property in good faith and for a valuable consid…

57-3-104. Certified copies entitled to record in another county -- Effect. (1) A document of record in a county recorder's office that is certified by the county recorder may be recorded in the office of the county recorder of another county. The recording of a certified copy in …

57-3-105. Legal description of real property and names and addresses required in documents. (1) Except as otherwise provided by statute, if a document for recording does not conform to this section, a person may not present the document to the office of the recorder of the county…

57-3-106. Original documents required -- Captions -- Legibility. (1) A person may not present and a county recorder may refuse to accept a document for recording if the document does not comply with this section. (2) Unless otherwise provided, a document presented for recording i…

57-3-107. Unenforceable covenants -- Definition -- Inclusion in recorded document. (1) As used in this chapter, "unenforceable covenant" means a restriction on alienation of real property, whether recited in a document to be recorded under this chapter, or recited in a document o…

57-3-108. Financing statements not subject to title. This title does not apply to a financing statement filed or recorded in a filing office described in Subsectionthat: (1) covers as-extracted collateral or timber to be cut; or (2) is filed as a fixture filing; and covers goods …

57-3-109. Water rights addenda. (1) As used in this section: "Applicable deed" means a deed executed on or after July 1, 2011: conveying fee simple title to land; or conveying title to water rights without conveying title to land. "Water rights addendum" means a written document …

57-3-201. Definitions. As used in this part, "master form" means a mortgage or trust deed used as a master or similar standardized form that is drafted and recorded in accordance with this part to be incorporated in whole or in part into multiple mortgages or trust deeds.

57-3-202. Recording master mortgage and trust deed -- Requirements for master form -- Indexing by county recorder. (1) A person may record a master form in the office of the county recorder. A person who files a master form shall state in the caption required under Sectionthat th…

57-3-203. Authorization to incorporate master form by reference -- Referencing a master form -- Prohibiting the reference of legal descriptions. (1) After a master form is recorded in accordance with Section, any provision of that master form may be incorporated in a mortgage or …

57-3-204. Constructive notice -- Effect as between direct parties to mortgage or trust deed. (1) The recording of a mortgage or trust deed that incorporates a provision of a master form in accordance with Section, operates as constructive notice of the mortgage or trust deed, inc…

57-4a-1. Document recordable despite defects. Each document executed and acknowledged on or before July 1, 1988, may be recorded in the office of the county recorder regardless of any defect or irregularity in its execution, attestation, or acknowledgment.

57-4a-2. Recorded document imparts notice of contents despite defects. A recorded document imparts notice of its contents regardless of any defect, irregularity, or omission in its execution, attestation, or acknowledgment. A certified copy of a recorded document is admissible as…

57-4a-3. Document recordable without acknowledgment -- Exception. (1) A document or a certified copy of a document may be recorded without acknowledgment if the document: was executed under law existing at the time of execution; evidences or affects title to real property; and wa…

57-4a-4. Presumptions. (1) A recorded document creates the following presumptions regarding title to the real property affected: the document is genuine and was executed voluntarily by the person purporting to execute it; the person executing the document and the person on whose …

57-6-1. Stay of execution of judgment of possession. Where an occupant of real estate has color of title to the real estate, and in good faith has made valuable improvements on the real estate, and is afterwards in a proper action found not to be the owner, no execution shall iss…

57-6-2. Claimant to commence action -- Complaint -- Trial of issues. Such complaint must set forth the grounds on which the defendant seeks relief, stating as accurately as practicable the value of the real estate, exclusive of the improvements thereon made by the claimant or the…

57-6-3. Rights of parties -- Acquiring other's interest or holding as tenants in common. The plaintiff in the main action may thereupon pay the appraised value of the improvements and take the property, but should the plaintiff fail to do so after a reasonable time, to be fixed b…

57-6-4. Certain persons considered to hold under color of title. (1) A purchaser in good faith at any judicial or tax sale made by the proper person or officer has color of title within the meaning of this chapter, whether or not the person or officer has sufficient authority to …

57-6-5. Settlers under state or federal law or contract deemed occupying claimants. When any person has settled upon any real estate and occupied the same for three years under or by virtue of any law or contract with the proper officers of the state for the purchase thereof, or …

57-6-6. Setoff against claim for improvements. In the cases above provided for, if the occupying claimant has committed any injury to the real estate by cutting timber, or otherwise, the plaintiff may set the same off against any claim for improvements made by the claimant.

57-6-7. When execution on judgment of possession may issue. The plaintiff in the main action is entitled to an execution to put the plaintiff in possession of the plaintiff's property in accordance with the provisions of this chapter, but not otherwise.

57-6-8. Improvements made by occupants of land granted to state. Any person having improvements on any real estate granted to the state in aid of any work of internal improvement, whose title thereto is questioned by another, may remove such improvements without injury otherwise …

57-8-1. Short title. This act shall be known and may be cited as the "Condominium Ownership Act."

57-8-10. Contents of declaration -- Limitations on declaration. (1) Before the conveyance of a unit in a condominium project, a declaration shall be recorded that contains the covenants, conditions, and restrictions relating to the project that shall be enforceable equitable serv…

57-8-10.1. Rental restrictions. (1) Subject to Subsections (1)(b), (5), and (6), an association of unit owners may: create restrictions on the number and term of rentals in a condominium project; or prohibit rentals in the condominium project. Except as provided in Subsection, an…

57-8-10.3. Indemnification and limit of liability. Notwithstanding any conflict with the declaration or recorded bylaws, the organizational documents of an association of unit owners may indemnify and limit management committee member and officer liability to the extent permitted…

57-8-10.5. Amending the declaration to make provisions of this chapter applicable. (1) An association of unit owners may amend the declaration to make applicable to the association of unit owners a provision of this chapter that is enacted after the creation of the association of…

57-8-10.7. Board action to enforce governing documents -- Parameters. (1) The management committee shall use the management committee's reasonable judgment to determine whether to exercise the association of unit owners' powers to impose sanctions or pursue legal action for a vio…

57-8-11. Contents of deeds of units. A deed of units may include: (1) a description of the land as provided in Section, including the book and page or entry number and date of recording of the declaration; 57-8-10 (2) the unit number of the unit and any other data necessary for i…

57-8-12. Recording. (1) The declaration, any amendment, any instrument by which the provisions of this act may be waived, and every instrument affecting the property or any unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unl…