10-9a-611. Prohibited acts.
(1) (a) An owner of any land located in a subdivision who transfers or sells any land in
that subdivision before a plat of the subdivision has been approved and recorded violates this part
for each lot or parcel transferred or sold.
(b) The description by metes and bounds in an instrument of transfer or other documents
used in the process of selling or transferring does not exempt the transaction from being a
violation of Subsection (1)(a) or from the penalties or remedies provided in this chapter.
(c) Notwithstanding any other provision of this Subsection (1), the recording of an
instrument of transfer or other document used in the process of selling or transferring real
property that violates this part:
(i) does not affect the validity of the instrument or other document; and
(ii) does not affect whether the property that is the subject of the instrument or other
document complies with applicable municipal ordinances on land use and development.
(2) (a) A municipality may bring an action against an owner to require the property to
conform to the provisions of this part or an ordinance enacted under the authority of this part.
(b) An action under this Subsection (2) may include an injunction, abatement, merger of
title, or any other appropriate action or proceeding to prevent, enjoin, or abate the violation.
(c) A municipality need only establish the violation to obtain the injunction.
Renumbered and Amended by Chapter 254, 2005 General Session
Download Code Section Zipped WordPerfect 10_09a061100.ZIP 2,460 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009