Utah Code 57-4a-4. Presumptions
Current as of: 2024 | Check for updates
|
Other versions
(1) A recorded document creates the following presumptions regarding title to the real property affected:
Terms Used In Utah Code 57-4a-4
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
- Fiduciary: A trustee, executor, or administrator.
- Grantor: The person who establishes a trust and places property into it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
(1)(a) the document is genuine and was executed voluntarily by the person purporting to execute it;
(1)(b) the person executing the document and the person on whose behalf it is executed are the persons they purport to be;
(1)(c) the person executing the document was neither incompetent nor a minor at any relevant time;
(1)(d) delivery occurred notwithstanding any lapse of time between dates on the document and the date of recording;
(1)(e) any necessary consideration was given;
(1)(f) the grantee, transferee, or beneficiary of an interest created or described by the document acted in good faith at all relevant times;
(1)(g) a person executing a document as an agent, attorney in fact, officer of an organization, or in a fiduciary or official capacity:
(1)(g)(i) held the position he purported to hold and acted within the scope of his authority;
(1)(g)(ii) in the case of an officer of an organization, was authorized under all applicable laws to act on behalf of the organization; and
(1)(g)(iii) in the case of an agent, his agency was not revoked, and he acted for a principal who was neither incompetent nor a minor at any relevant time;
(1)(h) a person executing the document as an individual:
(1)(h)(i) was unmarried on the effective date of the document; or
(1)(h)(ii) if it otherwise appears from the document that the person was married on the effective date of the document, the grantee was a bona fide purchaser and the grantor received adequate and full consideration in money or money’s worth so that the joinder of the nonexecuting spouse was not required under Sections 75-2-201 through 75-2-207 ;
(1)(i) if the document purports to be executed pursuant to or to be a final determination in a judicial or administrative proceeding, or to be executed pursuant to a power of eminent domain, the court, official body, or condemnor acted within its jurisdiction and all steps required for the execution of the document were taken; and
(1)(j) recitals and other statements of fact in a document, including without limitation recitals concerning mergers or name changes of organizations, are true.
(2) The presumptions stated in Subsection (1) arise even though the document purports only to release a claim or to convey any right, title, or interest of the person executing it or the person on whose behalf it is executed.