S.B. 215

1

REAL ESTATE RECORDING LAW
2 AMENDMENTS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ron Allen
6 AN ACT RELATING TO REAL ESTATE; REQUIRING AN AFFIDAVIT TO BE RECORDED
7 WHEN TERMINATING CERTAIN INTERESTS IN REAL ESTATE; PERMITTING THE USE
8 OF A MANAGEMENT COMMITTEE ADDRESS FOR TIMESHARE INTERESTS;
9 REQUIRING CERTAIN INFORMATION WHEN RECORDING A TRUST; AND MAKING
10 TECHNICAL CHANGES.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 57-3-105, as renumbered and amended by Chapter 61, Laws of Utah 1998
14 57-3-106, as renumbered and amended by Chapter 61 and last amended by Chapter 85,
15 Laws of Utah 1998
16 57-9-5, as enacted by Chapter 109, Laws of Utah 1963
17 75-7-409, as enacted by Chapter 14, Laws of Utah 1985
18 ENACTS:
19 57-1-5.1, Utah Code Annotated 1953
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 57-1-5.1 is enacted to read:
22 57-1-5.1. Termination of an interest in real estate -- Affidavit.
23 h [ (1) Whenever a joint tenancy, tenancy by the entirety, life estate, or determinable or
24 conditional interest in real estate is terminated, an affidavit shall be recorded in the office of the
25 proper county recorder. ]
25a (1) A DOCUMENT EVIDENCING THE TERMINATION OF A JOINT TENANCY, TENANCY BY
25b THE ENTIRETY, LIFE ESTATE, OR DETERMINABLE OR CONDITIONAL INTEREST IN REAL ESTATE
25c MAY NOT BE RECORDED UNLESS IT IS AN AFFIDAVIT THAT MEETS THE REQUIREMENTS OF
25d SUBSECTION (2). h
26 (2) The affidavit required by Subsection (1) shall:
27 (a) cite the interest which is being terminated;

28 (b) contain a legal description of the real property that is affected;
29 (c) reference the entry number and the book and page of the instrument creating the
30 interest to be terminated; and
31 (d) if the termination is the result of a death, have attached as an exhibit, a copy of the
32 death certificate or other document witnessing the death.
33 Section 2. Section 57-3-105 is amended to read:
34 57-3-105. Legal description of real property and names and addresses required in
35 documents.
36 (1) A document executed after July 1, 1983, is entitled to be recorded in the office of any
37 county recorder only if the document contains a legal description of the real property affected.
38 (2) (a) A document affecting title to real property presented for recording after July 1,
39 1981, is entitled to be recorded in the office of any county recorder only if the document contains
40 the names and mailing addresses of the grantees in addition to the legal description required under
41 Subsection (1).
42 (b) The address of the management committee may be used as the mailing address of a
43 grantee as required in Subsection(2)(a) if the interest conveyed is a timeshare interest as defined
44 by Section 57-19-2 .
45 (3) Each county recorder shall refuse to accept a document for recording if it does not
46 conform to the requirements under this section.
47 (4) Notwithstanding Subsections (1), (2), and (3), a master form, as defined in Section
48 57-3-201 , that does not meet the requirements of Subsections (1) and (2) is entitled to be recorded
49 in the office of any county recorder if it complies with Part 2, Master Mortgage and Trust Deeds.
50 Section 3. Section 57-3-106 is amended to read:
51 57-3-106. Original documents required -- Captions -- Legibility.
52 (1) (a) Unless otherwise provided, documents presented for recording in the office of the
53 county recorder shall:
54 (i) be originals; and
55 (ii) contain a brief caption stating the nature of the document.
56 (b) If a document is a master form, as defined in Section 57-3-201 , the caption required
57 by Subsection (1)(a)(ii) shall state that the document is a master form.
58 (2) Documents presented for recording shall also be sufficiently legible for the recorder

59 to make certified copies.
60 (3) (a) A document which is of record in the office of the appropriate county recorder in
61 compliance with this chapter, may not be recorded again in that same county recorder's office
62 unless the original document has been reexecuted by all parties who executed the document.
63 Unless exempt by statute, original documents which are reexecuted must also contain the
64 appropriate acknowledgment, proof of execution, jurat or other notarial certification for all parties
65 who are reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act,
66 and Title 57, Chapter 2, Acknowledgments. Documents submitted for rerecording shall contain
67 a brief statement explaining the reason for rerecording.
68 (b) A county recorder may refuse to accept a document for rerecording if that document
69 does not conform to the requirements of this section.
70 (c) Subsection (3) of this section applies only to documents executed after July 1, 1998.
71 (4) [Documents of record in the office of a county recorder, containing minor] Minor
72 typographical or clerical errors[,] in a document of record may be [augmented, amended, or]
73 corrected by the recording of an [affidavit or other] appropriate instrument.
74 Section 4. Section 57-9-5 is amended to read:
75 57-9-5. Notice of claim of interest -- Contents -- Filing for record.
76 [To] In order to be effective and to be [entitled to record] recorded, the notice [referred to
77 above] required by Section 57-9-4 shall contain [an accurate and full] a legal description of all land
78 affected by [such] the notice [which description shall be set forth in particular terms and not by
79 general inclusions; but if]. If the claim is founded upon a recorded instrument, then the description
80 in the notice may be the same as that contained in the recorded instrument. The notice shall be
81 [filed for record in the registry of deeds of] recorded in the county or counties where the land
82 described [therein] is situated. [The recorder of each county shall accept all such notices presented
83 to him which describe land located in the county in which he serves and shall enter and record full
84 copies thereof in the same way that deeds and other instruments are recorded and each recorder
85 shall be entitled to charge the same fees for the recording thereof as are charged for recording
86 deeds. In indexing the notices in his office each recorder shall enter the notices under the grantee
87 indexes of deeds under the names of the claimants appearing in the notices. Such notices shall also
88 be indexed under the description of the real estate involved in a book set apart for that purpose to
89 be known as the "Notice Index."]

90 Section 5. Section 75-7-409 is amended to read:
91 75-7-409. Recitals when title to real property is in trustee -- Failure.
92 (1) When title to real property is granted to a person as trustee, the terms of the trust may
93 be given either:
94 (a) in the deed of transfer; or
95 (b) in an instrument signed by the grantor and recorded in the same office as the grant to
96 the trustee.
97 (2) If the terms of the trust are not made public as required in Subsection (1), a conveyance
98 from the trustee is absolute in favor of purchasers for value who take the property without notice
99 of the terms of the trust.
100 (3) The terms of the trust recited in the deed of transfer or the instrument recorded under
101 Subsection (1)(b) shall include:
102 (a) the name of the trustee;
103 (b) the address of the trustee; and
104 (c) the name and date of the trust.




Legislative Review Note
as of 1-31-00 5:54 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel