(1)  A recorded document creates the following presumptions regarding title to the real property affected:

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.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
(a)  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.

Amended by Chapter 88, 1989 General Session