A Utah special warranty deed is a legal instrument used to transfer property to a purchaser (the “grantee”) with an assurance that the title has not been encumbered since its last conveyance. When obtaining a title under this type of instrument, the grantee will be financially responsible to settle unforeseen, unresolved encumbrances (e.g., tax or mechanic’s liens, mortgages, third-party claims) that came about before the seller (the “grantor”) acquired the premises. Special warranty deeds are often used to convey real estate for commercial use or when a property is foreclosed, as they allow a grantor to sell their property without being hindered by a previous owner’s issues.
- Statutes: § 57-1-12.5
- Formatting: § 17-21-20, § 17-21-25, § 57-3-105, § 57-3-106
- 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
- Water Rights Addendum to Land Deeds (§ 57-3-109): Instruments for conveying real estate or water rights must be accompanied by this form.