75-7-816.  Recitals when title to real property is in trust — Failure.

(1)  When title to real property is granted to a person as trustee, the terms of the trust may be given either:

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Terms Used In Utah Code 75-7-816

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trustee: A person or institution holding and administering property in trust.
(a)  in the deed of transfer; or

(b)  in an instrument signed by the grantor and recorded in the same office as the grant to the trustee.

(2)  If the terms of the trust are not made public as required in Subsection (1), a conveyance from the trustee is absolute in favor of purchasers for value who take the property without notice of the terms of the trust.

(3)  The terms of the trust recited in the deed of transfer or the instrument recorded under Subsection (1)(b) shall include:

(a)  the name of the trustee;

(b)  the address of the trustee; and

(c)  the name and date of the trust.

(4)  Any real property titled in a trust which has a restriction on transfer described in Section 25-6-502 shall include in the title the words “asset protection trust.”

Amended by Chapter 204, 2017 General Session