(1)  An application for registration of subdivided lands shall be filed as prescribed by the division‘s rules and, unless otherwise provided by the division, shall include the following documents and information:

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Terms Used In Utah Code 57-11-6

  • Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2
  • Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-11-2
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Offer: includes an inducement, solicitation, or attempt to encourage a person to acquire an interest in land if undertaken for gain or profit. See Utah Code 57-11-2
  • Person: includes :
(a) a business trust;
(b) an estate;
(c) a trust;
(d) a partnership;
(e) an unincorporated association;
(f) two or more of any entity having a joint or common interest; or
(g) any other legal or commercial entity. See Utah Code 57-11-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Purchaser: means a person who acquires or attempts to acquire or succeeds to an interest in land. See Utah Code 57-11-2
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • subdivided lands: means land that is divided or is proposed to be divided for the purpose of disposition into 10 or more units including land, whether contiguous or not, if 10 or more units are offered as a part of a common promotional plan of advertising and sale. See Utah Code 57-11-2
  • Subdivider: means :
    (a) an owner of an interest in subdivided lands who offers the subdivided lands for disposition; or
    (b) a principal agent of an owner of an interest in subdivided lands if the owner is inactive. See Utah Code 57-11-2
  • Unit: includes a lot, parcel, or other interest in land separately offered for disposition. See Utah Code 57-11-2
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (a)  an irrevocable appointment of the division to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or the applicant’s personal representative;

    (b)  a legal description of the subdivided lands offered for registration, together with a map showing the division proposed or made, the dimensions of the units, and the relation of the subdivided lands to existing streets, roads, and other off-site improvements;

    (c)  the states or jurisdictions, including the United States, in which an application for registration or similar document has been filed, and a copy of any adverse order, judgment, or decree entered in connection with the subdivided lands by the regulatory authorities in each jurisdiction or by any court;

    (d)  the applicant’s name and address, and the form, date, and jurisdiction of organization;

    (e)  the address of each of the applicant’s offices in this state;

    (f)  the name and address of the individual to whom the applicant wishes to have the division direct all communications;

    (g)  for each director, officer, or general partner of the applicant or person occupying a similar status or performing similar functions:

    (i)  the individual’s name and address;

    (ii)  the individual’s principal occupation for the five years before the day on which the applicant files the application; and

    (iii)  the extent and nature of the individual’s interest in the applicant or the subdivided lands as of a specified date within 30 days before the day on which the application is filed;

    (h)  a statement, in a form acceptable to the division, of the condition of the title to the subdivided lands, including encumbrances, as of a specified date within 30 days before the day on which the application is filed, which statement:

    (i)  if the subdivided lands are situated in this state, shall be in the form of:

    (A)  a title opinion from a title insurer qualified to engage in the title insurance business in this state; or

    (B)  an opinion of an attorney, licensed to practice in this state and who is not a salaried employee, officer, or director of the applicant or owner;

    (ii)  if the subdivided lands are situated in another jurisdiction, shall be in the form of an opinion of an attorney:

    (A)  licensed to practice in the jurisdiction where the lands are situated; and

    (B)  who is not a salaried employee, officer, or director of the applicant or owner; or

    (iii)  may be substituted by other evidence of title acceptable to the division;

    (i)  copies of the instruments that will be delivered to a purchaser to evidence the purchaser’s interest in the subdivided lands and of the contracts and other agreements that a purchaser will be required to agree to or sign;

    (j)  copies of the instruments by which the interest in the subdivided lands to be disposed of to the purchaser was acquired and a statement of any lien or encumbrance upon the title and copies of the instruments creating the lien or encumbrance, if any, with recording data, but if any of these instruments contain any information relating to the consideration paid upon the prior acquisition of the subdivided lands, this information may be blocked out;

    (k)  if there is a lien or encumbrance affecting more than one unit, a statement of the consequences to a purchaser of failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser in case of this eventuality;

    (l)  copies of instruments creating easements, restrictions, or other encumbrances affecting the subdivided lands;

    (m)  a statement of the zoning and other governmental regulations affecting the use of the subdivided lands and of any existing or proposed taxes or special assessments which affect the subdivided lands;

    (n) 

    (i)  if the subdivided lands are situated in this state, and unless all lands to be disposed of are included on a subdivision plat map that is filed and approved in accordance with Title 17, Counties, an opinion by an attorney, licensed to practice in this state and who is not a salaried employee, officer, or director of the applicant or owner, stating that:

    (A)  the proposed or made land division does not violate any existing state statute or local ordinance; and

    (B)  all permits or approvals have been obtained from the applicable state or local authorities necessary for the subdivided lands to be put to the use for which they are offered, except for those permits or approvals that will not be granted until the subdivided lands are registered under this chapter if this registration is the only condition precedent to the granting of the permits or approvals; or

    (ii)  if the subdivided lands are situated in another jurisdiction, an opinion by an attorney licensed to practice in that jurisdiction and who is not a salaried employee, officer, or director of the applicant or owner stating, that the proposed or made land division does not violate any existing statute, ordinance, or other law;

    (o)  a statement of:

    (i)  the existing provisions for access, sewage disposal, water (including a supply of culinary water), and other public utilities in the subdivision; and

    (ii)  if the provisions described in Subsection (1)(o)(i) are not presently available but are feasible, the estimated cost to the purchaser for procurement of the provisions;

    (p)  a statement of all improvements to be installed, the schedule for the completion of improvements, any provisions for maintenance of those improvements, and estimated costs to the purchaser for improvements;

    (q)  a statement declaring whether or not the applicant is or will be representing, in connection with an offer or disposition of land, that culinary water service will be available to or on the subdivided lands, and if the applicant is or will be so representing:

    (i)  a statement as to what entity will be providing the culinary water service and the nature of the entity; and

    (ii)  if the entity providing the culinary water service is not a municipal system, a certificate from the Public Service Commission that the entity providing the culinary water service:

    (A)  holds a certificate of convenience and necessity from the Public Service Commission; or

    (B)  has been found by the Public Service Commission to be exempt from the Public Service Commission’s jurisdiction;

    (r)  a narrative description of the promotional plan for the disposition of the subdivided lands together with copies of all advertising material that is prepared for public distribution by any means of communication;

    (s)  the proposed public offering statement;

    (t)  a copy of every public report or public offering statement or similar document filed with or issued by any agency of the United States or any state or jurisdiction; and

    (u)  any other reasonable information, including any current financial statement, that the division by rule requires for the protection of purchasers.

    • (2) 

    (a)  Each application for registration of subdivided lands shall be accompanied by a filing fee of $500 for up to 30 units, plus an additional $3 per unit for each unit over 30 units up to a maximum of $2,500 for each application.

    (b)  If the division determines that an on-site inspection of the subdivided lands proposed for registration to be offered for disposition is necessary, the applicant shall pay the division the actual amount of costs the division incurs performing the on-site inspection.

    (3)  In the event the subdivider registers additional subdivided lands to be offered for disposition, the subdivider may consolidate the subsequent registration with any earlier registration offering subdividing lands for disposition under the same promotional plan by filing an application for consolidation:

    (a)  accompanied by an additional fee of $200, plus $3 for each additional unit, up to a maximum of $1,250 for each application; and

    (b)  if at the time the subdivider makes the application, all of the information required by Subsection (1) of this section is current and covers the additional subdivided lands.

    (4)  A subdivider shall report any material change in the information contained in the subdivider’s application for registration or consolidation within 15 days after the day on which that change becomes known to the subdivider.

    Amended by Chapter 72, 2020 General Session

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