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Utah real estate conveyances are governed primarily by Title 57 of the Utah Code. Utah law requires careful attention to water rights, which are often conveyed with land and may require specific documentation.

Water Rights Addendum Requirement

For applicable deeds executed after July 1, 2011, a Water Rights Addendum must accompany the instrument if the deed conveys fee simple title to land or transfers water rights independently. The addendum must identify any water rights transferred or state that no water rights are conveyed (Utah Code § 57-3-109). Failure to include required water rights documentation may delay recording.

Definition and Scope of Real Property

Utah defines “real property” broadly to include not only land, but also non-extracted minerals, buildings, fixtures, water rights, easements, rents, profits, mining claims, and other appurtenant rights (Utah Code § 57-1-1 et seq.). A conveyance affecting any such interest must be in writing, signed by the grantor, acknowledged, and recorded in the county where the property is located.

Warranty deeds, special warranty deeds, and quitclaim deeds are commonly used in Utah. The type of deed selected determines the scope of warranties conveyed.

Ownership and Capacity

Individuals, corporations, and other entities with legal capacity may acquire and convey real property in Utah. Joint tenancy may be created between two or more persons, but it cannot be established between a person and an entity (Utah Code § 57-1-5).

A person claiming title may convey property even if the land is held adversely by another (Utah Code § 57-1-11).

Execution and Acknowledgment

A deed must be signed and acknowledged by the grantor before it may be recorded (Utah Code § 57-3-101). A document is eligible for recording if it includes a proper acknowledgment, proof of execution, or jurat certified by an authorized officer.

Utah recognizes jurats—certificates stating that the signer subscribed and swore to the document before the notarial officer—as valid notarial acts for recording purposes (Utah Code § 46-1-2).

Deeds must identify the grantor and grantee, include a granting clause, contain a legal description, and comply with statutory formatting requirements.

Recording and Priority

Utah follows a race-notice recording statute. An unrecorded instrument is void against a subsequent purchaser who acquires the property in good faith, for valuable consideration, and records first (Utah Code § 57-3-103). Recording imparts constructive notice of the document’s contents to all persons.

Because Utah law requires water rights clarification, formal acknowledgment or jurat certification, and timely county recording to establish priority, careful compliance with statutory requirements is essential to ensure that a conveyance is legally effective and protected.