57-29-102.  Definitions.
     As used in this chapter:

(1)  “Commission” means the Real Estate Commission created in Section 61-2f-103.

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Terms Used In Utah Code 57-29-102

  • Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 57-29-102
  • Director: means the director of the Division of Real Estate. See Utah Code 57-29-102
  • Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-29-102
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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
  • Master lease: means an agreement under which a person is granted a leasehold interest in real property and may sublease all or a portion of the real property to one or more persons. See Utah Code 57-29-102
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
  • 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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Undivided fractionalized long-term estate: means an ownership interest in real property by two or more persons that is:
(i) a tenancy in common; or
(ii) a fee estate. See Utah Code 57-29-102
(2)  “Director” means the director of the Division of Real Estate.

(3)  “Division” means the Division of Real Estate created in Section 61-2-201.

(4)  “Management agreement” means an agreement between a person and each owner of an undivided fractionalized long-term estate in a piece of real property under which the person agrees to manage the leasing or operations of the real property.

(5)  “Master lease” means an agreement under which a person is granted a leasehold interest in real property and may sublease all or a portion of the real property to one or more persons.

(6)  “Master lease tenant” means the lessee in a master lease.

(7)  “Sponsor” means a person who is the original seller of an undivided fractionalized long-term estate.

(8) 

(a)  “Undivided fractionalized long-term estate” means an ownership interest in real property by two or more persons that is:

(i)  a tenancy in common; or

(ii)  a fee estate.

(b)  “Undivided fractionalized long-term estate” does not include a joint tenancy.

Enacted by Chapter 381, 2016 General Session