57-8-13. Condominium plat to be recorded.
(1) (a) Simultaneously with the recording of the declaration there shall be recorded a
standard size, original linen (21" x 31") condominium plat with 6-1/4" x 1-1/2" recording
information block, which map shall be made by a registered Utah land surveyor and shall set
forth:
(i) a description of the surface of the land included within the project, including all
angular and linear data along the exterior boundaries of the property;
(ii) the linear measurement and location, with reference to the exterior boundaries, of the
building or buildings, if any, located or to be located on the property other than within the
boundaries of any convertible lands;
(iii) diagrammatic floor plans of the building or buildings, if any, built or to be built on
the property, other than within the boundaries of any convertible lands, in sufficient detail to
identify each convertible space and physical unit contained within a building, including its
identifying number or symbol, the official datum elevations of the finished or unfinished interior
surfaces of the floors and ceilings and the linear measurements of the finished or unfinished
interior surfaces of the perimeter walls, and the lateral extensions, of every such convertible
space and unit;
(iv) a description or delineation of the boundaries of any unit or convertible space not
contained or to be contained in a building or whose boundaries are not to be coextensive with
walls, ceilings, or floors within a building, other than units located within the boundaries of any
convertible lands, including the horizontal (upper and lower) boundaries, if any, as well as the
vertical (lateral or perimetric) boundaries;
(v) a distinguishing number or other symbol for every physical unit identified on the
condominium plat;
(vi) to the extent feasible, the location and dimensions of all easements appurtenant to
the land included within the project;
(vii) the label "convertible space" for each such space, if any;
(viii) the location and dimensions of any convertible lands within the condominium
project, with each such convertible land labeled as such, and if there be more than one such land,
with each labeled with a different letter or number;
(ix) the location and dimensions of any withdrawable lands, with each such
withdrawable land labeled as such, and if there be more than one such land, with each labeled
with a different letter or number;
(x) if with respect to any portion or portions, but less than all, of the land included within
the project the unit owners are to own only an estate for years, the location and dimensions of any
such portion, with each labeled as a leased land, and if there be more than one such land, with
each labeled with a different letter or number; and
(xi) any encroachments by or on any portion of the condominium project.
(b) Each such condominium plat shall be certified as to its accuracy and compliance with
the provisions of this Subsection (1) by the land surveyor who prepared or who supervised the
preparation of the same and shall be executed and acknowledged as provided in Subsection
57-8-10(8).
(2) When converting all or any portion of any convertible land or when adding additional
land to an expandable condominium, the declarant shall record a new or supplemental
condominium plat which shall contain the information necessary to comply with the
requirements of Subsection (1) of this section. In any case where less than all of a convertible
land is being converted, the condominium plat shall show the location and dimensions of the
remaining portion or portions of the land in addition to otherwise meeting such requirements.
(3) When converting all or any portion of any convertible space into one or more units or
limited common areas and facilities, the declarant shall record, with regard to the structure or
portion of it constituting that convertible space, a supplemental condominium plat showing the
location and dimensions of the vertical and horizontal boundaries of each unit formed out of this
space. The supplemental map shall be certified as to its accuracy and compliance with this
Subsection (3) by the land surveyor who prepared or who supervised the preparation of it.
(4) In interpreting the condominium plat or any deed or other instrument affecting a
building or unit, the boundaries of the building or unit constructed or reconstructed in substantial
accordance with the condominium plat shall be conclusively presumed to be the actual
boundaries rather than the description expressed in the condominium plat, regardless of the
settling or lateral movement of the building and regardless of minor variance between boundaries
shown on the condominium plat and those of the building or unit.
Amended by Chapter 265, 2003 General Session
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Last revised: Thursday, May 28, 2009