S.B. 97 Enrolled

REMOVAL OF UNENFORCEABLE COVENANTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard
AN ACT RELATING TO REAL ESTATE; DEFINING UNENFORCEABLE COVENANT;
PROVIDING FOR THE RECORDING OF DOCUMENTS WITH UNENFORCEABLE
COVENANTS; VOIDING UNENFORCEABLE COVENANTS; AND MAKING TECHNICAL
CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
57-3-107, as renumbered and amended by Chapter 61, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 57-3-107 is amended to read:
57-3-107. Unenforceable covenants -- Definition -- Inclusion in recorded document.
(1) [Restrictions on alienation of real property contained in a document to be recorded] 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 of record
under this chapter, which [are] is based on race, gender, national origin, marital status, or a similar
classification determined to be unenforceable under state or federal law[, do not affect the
eligibility of that document for recording under this chapter].
[(2) A restriction described in Subsection (1) may be removed from a document eligible
for recording under this section by any of the following means:]
[(a) A purchaser or seller of real estate may amend a prior recorded restriction by causing
a corrected copy of the documents to be prepared for recording which deletes the unenforceable
language from the document.]
[(b) A purchaser or seller of real estate may cause a copy of the documents to be prepared
on which the unenforceable language has been overwritten or stamped with words such as
"VOID", "UNENFORCEABLE UNDER LAW", or words of similar meaning.]
[(c) A purchaser or seller of real estate may cause a copy of the documents to be prepared

on which appears the statement "Any provision of this document which violates state or federal law
is void."]
[(3) The cost of preparing and filing a document under Subsection (2) shall be the
responsibility of the purchaser or seller making the correction and not that of the county recorder.]
(2) A document which recites an unenforceable covenant may be recorded as provided in
this chapter.
(3) Any unenforceable covenant recited in a document to be recorded under this chapter or
recited in a document of record is considered void, but does not invalidate the remainder of the
document.

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