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S.B. 222 Enrolled
AN ACT RELATING TO COUNTY RECORDERS; RECODIFYING COUNTY RECORDER
DUTIES TO REFLECT CURRENT CUSTOMS AND PROCEDURES; AND MAKING
TECHNICAL AND CONFORMING CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-21-1, as last amended by Chapters 32 and 227, Laws of Utah 1993
17-21-3, as last amended by Chapter 20, Laws of Utah 1980
17-21-4, Utah Code Annotated 1953
17-21-5, Utah Code Annotated 1953
17-21-6, as last amended by Chapter 69, Laws of Utah 1983
17-21-9, Utah Code Annotated 1953
17-21-10, Utah Code Annotated 1953
17-21-11, Utah Code Annotated 1953
17-21-12, as last amended by Chapter 33, Laws of Utah 1967
17-21-13, as last amended by Chapter 2, Laws of Utah 1982
17-21-14, Utah Code Annotated 1953
17-21-17, as repealed and reenacted by Chapter 50, Laws of Utah 1987
17-21-18, Utah Code Annotated 1953
17-21-19, as last amended by Chapter 50, Laws of Utah 1987
17-21-20, Utah Code Annotated 1953
17-21-21, as last amended by Chapter 92, Laws of Utah 1986
17-21-22, as last amended by Chapter 3, Laws of Utah 1988
17-21-25, as enacted by Chapter 25, Laws of Utah 1973
40-1-4, Utah Code Annotated 1953
40-1-6, as last amended by Chapter 79, Laws of Utah 1996
40-1-8, Utah Code Annotated 1953
40-1-9, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-21-1 is amended to read:
17-21-1. Recorder -- Document custody responsibility.
The recorder has custody of, and [
required by law [
Section 2. Section 17-21-3 is amended to read:
17-21-3. Original documents or copies of original documents to be kept by the county.
[
the fees for [
procedures, the recorder shall, only if required by statute, keep the original document or a copy of
the original document as a public record in a form sufficient to meet the requirements of this chapter.
Section 3. Section 17-21-4 is amended to read:
17-21-4. Certified copies.
(1) The county recorder [
certified photographic copies of any of the records in [
interested person who pays the applicable fees and charges [
(2) The county recorder shall supply certified copies of [
of any fee.
Section 4. Section 17-21-5 is amended to read:
17-21-5. Receipts for documents received for record.
[
Section 5. Section 17-21-6 is amended to read:
17-21-6. General duties -- Records and indexes.
(1) Every recorder [
(a) keep[
acceptance of any instrument [
day of the month and the year of [
of [
[
and final judgments or decrees partitioning or affecting the title to or possession of real property,
which shall show the entry number of the instrument, the name of each grantor in alphabetical order,
the name of the grantee, the date of the instrument, the time of [
instrument, [
description [
[
and final judgments or decrees partitioning or affecting the title to or possession of real property,
which shall show the entry number of the instrument, the name of each grantee in alphabetical order,
the name of the grantor, the date of the instrument, the time of [
instrument, [
description [
[
mortgages, deeds of trust, liens, and [
estate, which shall show the entry number of the instrument, the name of each mortgagor, debtor, or
person charged with the encumbrance in alphabetical order, the name of the mortgagee, lien holder,
creditor, or claimant, the date of the instrument, the time of [
instrument, consideration, the book and page [
description [
[
mortgages, deeds of trust, liens, and [
estate, which shall show the entry number of the instrument, the name of each mortgagee, lien holder,
creditor, or claimant, in alphabetical order, the name of the mortgagor or person charged with the
encumbrance, the date of the instrument, [
instrument, the consideration, the book and page [
brief description [
[
number [
[
[
and "the entry number[
(i) keep a miscellaneous index, in which the recorder shall enter all instruments of a
miscellaneous character not otherwise provided for in this section, showing: "the date of recording,"
"the book," "page," "the entry number," "the kind of instrument," "from," "to," [
"parties";
[
[
judgments," each page divided into [
"judgment creditors," "amount of judgment," [
[
index all executions and writs of attachment, and any other instruments not required by law to be
spread upon the records, and in separate columns [
plaintiffs in the execution[
(2) The recorder shall alphabetically arrange the indexes required by this section and keep
a reverse index [
(3) The tract index required by Subsection (1)(f) shall be kept so that it shows a true chain
of title to each tract or parcel, together with their encumbrances, according to the records of the
office.
[
a single name index [
indexes required by this section.
Section 6. Section 17-21-9 is amended to read:
17-21-9. Indexing of deeds and other instruments.
Deeds and other instruments affecting real estate made by a United States marshal, a sheriff,
master in chancery, special commissioner, executor, administrator, guardian, trustee, or other person
acting in behalf of another, shall be indexed in the name of the person whose land is sold or affected
as grantor[
Section 7. Section 17-21-10 is amended to read:
17-21-10. Judgments affecting real estate.
The recorder [
record a judgment affecting real estate or certified copies of final judgments or decrees partitioning
or affecting the title or possession of real property any part of which is [
[
Section 8. Section 17-21-11 is amended to read:
17-21-11. Notice given by recording.
[
recorded document.
(2) Subsequent purchasers, mortgagees, and lien holders purchase and [
the same notice and effect as if [
copy was the original document.
Section 9. Section 17-21-12 is amended to read:
17-21-12. Recording procedures -- Endorsements of entry number required on
documents.
When any instrument[
[
(1) endorse upon [
the year, month, day, hour, and minute of its reception, and the amount of fees for recording[
[
(2) record the [
accepted, together with the acknowledgments, proofs, and certificates written upon or [
to it.
Section 10. Section 17-21-13 is amended to read:
17-21-13. Endorsement of book and page -- Return of instrument.
(1) (a) The recorder [
book and page [
(b) If the entry number is endorsed on each page of the instrument, the recorder may omit
the book and page reference.
(2) The recorder shall return the instrument to the appropriate party.
Section 11. Section 17-21-14 is amended to read:
17-21-14. Military records -- Evidence.
[
(a) record, free of charge, [
of the United States, and any and all orders, citations, and decorations of honor relating to [
person while [
[
(b) furnish, free of charge, certified copies of any of [
to whom [
of [
(2) Those certified copies may be read in evidence with the same effect as the original in any
action or proceeding before any court, commission, or other tribunal in this state.
Section 12. Section 17-21-17 is amended to read:
17-21-17. Prohibited acts.
[
be recorded [
(1) neglect [
after [
(2) [
other than the manner required by this chapter; or
[
[
[
Section 13. Section 17-21-18 is amended to read:
17-21-18. Fees must be paid in advance.
The recorder [
any copies, or [
Section 14. Section 17-21-19 is amended to read:
17-21-19. Records open to inspection -- Copies.
(1) All [
of charge during office hours.
(2) Any person copying or taking notes from [
recorder's office may do so only by pencil, typewriter, photocopy, microfilm, or electronic printout.
Section 15. Section 17-21-20 is amended to read:
17-21-20. Recording required.
[
by law to be filed in the office of the county recorder shall be recorded unless otherwise provided.
Section 16. Section 17-21-21 is amended to read:
17-21-21. Ownership plats -- Use of geographic information systems or computer
systems.
[
[
each tract of land in the county, together with [
(2) The county recorder may not be required to:
(a) trace any title back of apparent ownership as of February 6, 1899, at 12 o'clock noon[
(b) show ownership of [
ownership plats; or
(c) show lot or unit ownership on subdivisions or condominium plats or other ownership plats
if that information is available through computer systems or other indexes.
(3) Nothing in this chapter precludes the use of geographic information systems or computer
systems by the recorder if the systems include all of the information required by this section.
Section 17. Section 17-21-22 is amended to read:
17-21-22. Annual revision -- Reporting changes in ownership to county assessors -- Use
of geographic information systems or computer systems -- Return of plat books.
(1) The county recorder shall[
(a) each year, prepare copies of ownership [
owners at noon on January 1[
(b) on or before January 15 of each year, transmit the copies to the county assessor[
(c) report all changes in recorded ownership of real property made during the first seven
months of each calendar year [
later than August 15 of that year [
(d) for the remainder of the calendar year, report the changes in the ownership of real
property [
month [
following the month in which the changes were recorded [
(e) transmit the changes of ownership [
current owner's name and a full legal description of the property conveyed[
(f) where only a part of the grantor's property is [
transmit an additional form showing a full legal description of the portion retained. [
(2) Nothing in this chapter precludes the use of geographic information systems or computer
systems by the recorder if the systems include all of the information required by this section.
(3) Not later than the first Monday in October of each year, the assessor may return the plat
books and descriptions to the recorder for extension, alterations, and carrying to date for the ensuing
year.
Section 18. Section 17-21-25 is amended to read:
17-21-25. Names of persons signing to be typed or printed on instruments presented
for recording.
(1) All instruments presented to the county recorder for [
or printed on them the names of all persons whose signatures appear on the instrument whose names
are required to be indexed. [
(2) The requirements of Subsection (1) do not affect the legality of the instrument to be
recorded.
Section 19. Section 40-1-4 is amended to read:
40-1-4. Copy of location notice to be recorded.
Within [
[
the notice of location in the office of the county recorder of the county in which [
situated [
Section 20. Section 40-1-6 is amended to read:
40-1-6. Affidavit of performance of annual labor or payment of maintenance fee.
(1) As used in this section, "assessment work" means the performance of labor or making of
improvements on or for the benefit of a mining claim.
(2) Within 30 days after the end of the annual period specified in 30 U.S.C. Sec. 28 the owner
of an unpatented lode or placer mining claim, or a mill or tunnel site claim or someone on his behalf,
shall [
located setting forth:
(a) the name and address of the owner of the claim;
(b) the name of the claim and the serial number, if any, assigned to the claim by the United
States Bureau of Land Management;
(c) if assessment work was required to be performed under 30 U.S.C. Sec. 28 or other
federal law to maintain the claim, a statement that the annual assessment work required to maintain
the claim was performed; and
(d) if the assessment work was not required to be performed under 30 U.S.C. Sec. 28 or
other federal law, a statement that it is the intention of the owner to hold the claim, and if a claim
maintenance fee was paid as required by the Omnibus Budget Reconciliation Act of 1993, Pub. L.
103-66 or other federal law, a statement that the fee was paid in a timely manner.
(3) The affidavit, or a certified copy, shall be prima facie evidence of the facts stated in the
affidavit.
(4) The amendments made in this section do not affect any act or right accruing or which has
accrued or been established or any suit or proceeding commenced before May 1, 1995.
Section 21. Section 40-1-8 is amended to read:
40-1-8. Vacancy and removal -- County recorder to receive records.
[
retain the custody and give certified copies of the records, [
custody of the records [
county in which [
situated[
(2) That county recorder shall take possession of [
of records and papers in [
(3) Those certified copies shall be receivable in evidence in all courts and before all officers
and tribunals.
(4) The production of a certified copy [
[
Section 22. Section 40-1-9 is amended to read:
40-1-9. County recorder may certify district records.
[
district recorder have been deposited in the office of [
the recorder may make and certify copies [
(2) Those certified copies shall be receivable in all tribunals and before all officers of this state
in the same manner and to the same effect as if [
in the office of the county recorder.
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