Updated on October 26th, 2022
A Utah deed is a document wherein a property title is transferred from the current owner (the grantor) to a new owner (the grantee). The deed documents the transaction’s basic details (such as the parties’ names and a property description) and the covenants included in the transfer. Standard deed covenants include a guarantee of the grantor’s right to convey and a warranty that the property is unencumbered.
As titles can be clouded by unforeseen claims, the grantee should be aware of the type of deed used to avoid paying off property tax liens or dealing with legal claims from past owners. A general warranty deed offers complete protection, a special warranty deed offers limited protection, and a quit claim deed offers no protection at all.
Deed of Trust – Secures a loan used to purchase property; the borrower and lender agree to transfer the title to a trustee, who will return it to the borrower once the loan is repaid.
General Warranty Deed – Includes covenants guaranteeing the grantor’s right to convey as well as complete protection against title defects.
Quit Claim Deed – Used to release a grantor’s interest in a title but does not protect against encumbrances or guarantee the grantor’s ownership.
Special Warranty Deed – Only protects the grantee against encumbrances that occurred during the grantor’s ownership.
Transfer on Death Deed – Used to name a beneficiary who will receive a property title after the grantor passes away.
- Statutes: Chapter 1 – Conveyances
- Formatting: § 17-21-20, § 17-21-25, § 57-3-105, § 57-3-106, § 75-7-816
- Signing Requirements (§ 57-3-101): Notary Public
- Where to Record: County Recorder’s Office (List of Counties)
- Recording Fees (§ 17-21-18.5(1)(b)): $40 (no page limit)
- Water Rights Addendum to Land Deeds (§ 57-3-109): May be filed with a deed to specify the transfer of water rights to the grantee.