A recorded document creates the following presumptions regarding title to the real property affected:
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Terms Used In Utah Code 57-4a-4
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
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
Fiduciary: A trustee, executor, or administrator.
Grantor: The person who establishes a trust and places property into it.
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.
the document is genuine and was executed voluntarily by the person purporting to execute it;
(b)
the person executing the document and the person on whose behalf it is executed are the persons they purport to be;
(c)
the person executing the document was neither incompetent nor a minor at any relevant time;
(d)
delivery occurred notwithstanding any lapse of time between dates on the document and the date of recording;
(e)
any necessary consideration was given;
(f)
the grantee, transferee, or beneficiary of an interest created or described by the document acted in good faith at all relevant times;
(g)
a person executing a document as an agent, attorney in fact, officer of an organization, or in a fiduciary or official capacity:
(i)
held the position he purported to hold and acted within the scope of his authority;
(ii)
in the case of an officer of an organization, was authorized under all applicable laws to act on behalf of the organization; and
(iii)
in the case of an agent, his agency was not revoked, and he acted for a principal who was neither incompetent nor a minor at any relevant time;
(h)
a person executing the document as an individual:
(i)
was unmarried on the effective date of the document; or
(ii)
if it otherwise appears from the document that the person was married on the effective date of the document, the grantee was a bona fide purchaser and the grantor received adequate and full consideration in money or money’s worth so that the joinder of the nonexecuting spouse was not required under Sections 75-2-201 through 75-2-207;
(i)
if the document purports to be executed pursuant to or to be a final determination in a judicial or administrative proceeding, or to be executed pursuant to a power of eminent domain, the court, official body, or condemnor acted within its jurisdiction and all steps required for the execution of the document were taken; and
(j)
recitals and other statements of fact in a document, including without limitation recitals concerning mergers or name changes of organizations, are true.
(2)
The presumptions stated in Subsection (1) arise even though the document purports only to release a claim or to convey any right, title, or interest of the person executing it or the person on whose behalf it is executed.
