S.B. 25

1

WARRANTY DEED - TECHNICAL
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Dennis E. Stowell
6 House Sponsor: DeMar Bud Bowman
7
8 LONG TITLE
9 General Description:
10 This bill modifies the language related to warranty deeds to update terminology.
11 Highlighted Provisions:
12 This bill:
13 . makes technical changes to the statute related to the form of a warranty deed such as
14 replacing the term "seised" with a more updated term; and
15 . makes related technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 57-1-12, as last amended by Chapter 75, Laws of Utah 2000
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 57-1-12 is amended to read:
26 57-1-12. Form of warranty deed -- Effect.
27 (1) Conveyances of land may be substantially in the following form:

28 WARRANTY DEED
29 ____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys
30 and warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of
31 ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here
32 describe the premises).
33 Witness the hand of said grantor this __________(month\day\year).
34 (2) A warranty deed when executed as required by law shall have the effect of a
35 conveyance in fee simple to the grantee, [his] the grantee's heirs, and assigns[,]:
36 (a) of the premises [therein] named[, together with] in the warranty deed;
37 (b) of all the appurtenances, rights, and privileges [thereunto] belonging[,] to the
38 premises named in the warranty deed; and
39 (c) with covenants from the grantor, [his] the grantor's heirs, and personal
40 representatives, that [he is]:
41 (i) the grantor lawfully [seised of] owns fee simple title to and has the right to
42 immediate possession of the premises; [that he]
43 (ii) the grantor has good right to convey the [same] premises; [that he]
44 (iii) the grantor guarantees the grantee, [his] the grantee's heirs, and assigns in the quiet
45 possession [thereof] of the premises; [that]
46 (iv) the premises are free from all encumbrances; and [that]
47 (v) the grantor, [his] the grantor's heirs, and personal representatives will forever
48 warrant and defend the title [thereof] of the premises in the grantee, [his] the grantee's heirs,
49 and assigns against all lawful claims whatsoever.
50 (3) Any [exceptions] exception to [these] the covenants described in Subsection (2)(c)
51 may be briefly inserted in the warranty deed following the description of the land.




Legislative Review Note
as of 11-27-06 11:49 AM

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-18-06 11:45 AM

The Business and Labor Interim Committee recommended this bill.