Renumbered 7/1/2024)

78B-3-301.  Actions involving real property.

(1)  Actions for the following causes involving real property shall be tried in the county in which the subject of the action, or some part, is situated:

Terms Used In Utah Code 78B-3-301

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)  for the recovery of real property, or of an estate or interest in the property;

(b)  for the determination, in any form, of the right or interest in the property;

(c)  for injuries to real property;

(d)  for the partition of real property; and

(e)  for the foreclosure of all liens and mortgages on real property.

(2)  If the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county selected is the proper county for the trial of the action.

Renumbered and Amended by Chapter 3, 2008 General Session