Utah Code 75-9-204. Real property
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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
Terms Used In Utah Code 75-9-204
- Agent: includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. See Utah Code 75-1-201 v2
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease: includes an oil, gas, or other mineral lease. See Utah Code 75-1-201 v2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage: means any conveyance, agreement, or arrangement in which property is used as security. See Utah Code 75-1-201 v2
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5
- Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, and, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See Utah Code 75-1-201 v2
- Trust: includes :
(60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;(60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or(60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2(2)(2)(a) sell;(2)(b) exchange;(2)(c) convey with or without covenants, representations, or warranties;(2)(d) quitclaim;(2)(e) release;(2)(f) surrender;(2)(g) retain title for security;(2)(h) encumber;(2)(i) partition;(2)(j) consent to partitioning;(2)(k) subject to an easement or covenant;(2)(l) subdivide;(2)(m) apply for zoning or other governmental permits;(2)(n) plat or consent to platting;(2)(o) develop;(2)(p) grant an option concerning;(2)(q) lease;(2)(r) sublease;(2)(s) contribute to an entity in exchange for an interest in that entity; or(2)(t) otherwise grant or dispose of an interest in real property or a right incident to real property;(3) pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;(5) manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:(5)(a) insuring against liability or casualty or other loss;(5)(b) obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;(5)(c) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; and(5)(d) purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;(6) use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;(7) participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:(7)(a) selling or otherwise disposing of stocks and bonds;(7)(b) exercising or selling an option, right of conversion, or similar right with respect to stocks and bonds; and(7)(c) exercising any voting rights in person or by proxy;(8) change the form of title of an interest in or right incident to real property; and(9) dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.