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Terms Used In Utah Code 57-3-109
Deed: The legal instrument used to transfer title in real property from one person to another.
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
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Grantor: The person who establishes a trust and places property into it.
Joint resolution: A legislative measure which requires the approval of both chambers.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
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
(a)
“Applicable deed” means a deed executed on or after July 1, 2011:
(i)
conveying fee simple title to land; or
(ii)
conveying title to water rights without conveying title to land.
(b)
“Water rights addendum” means a written document that:
(i)
is an addendum to an applicable deed;
(ii)
is in a form approved by the Legislature in a joint resolution; and
(iii)
(A)
identifies and describes the water rights transferred under an applicable deed; or
(B)
states that no water rights are transferred under an applicable deed.
(2)
Beginning July 1, 2011, a person submitting an applicable deed to a county recorder’s office for recording may also submit a water rights addendum as an addendum to the applicable deed.
(3)
(a)
A grantor shall complete and sign a water rights addendum submitted under Subsection (2).
(b)
(i)
A grantee shall sign a water rights addendum to acknowledge receipt of a copy of the water rights addendum.
(ii)
A grantee’s signature on a water rights addendum may be by facsimile or electronic means.
(4)
The state engineer shall use and make available to the public the water rights addendum form approved by the Legislature.
(5)
Upon recording an applicable deed with a water rights addendum, a county recorder shall transmit a paper or electronic copy of the deed and water rights addendum to the state engineer.
