Utah Quit Claim Deed Form
A Utah Quit Claim Deed is a handy legal form for those who want to convey property interest in a fuss-free manner. There are only a handful of rules mandated by state law the person giving the interest (the “Grantor”) and the person claiming it (the “Grantee”) must follow in order to ensure the validity of the Deed. These are detailed in the section below. It is noteworthy that this legal agreement is almost exclusively used between Grantors and Grantees who already have an existing relationship. The reason behind this is that because Quit Claim Deeds cannot offer any title covenants, warranties, or guarantees, if the parties know one another, they can both enjoy some level of accountability with the transaction.
Laws (§ 57-1-13): Utah Code, Title 57: “Real Estate,” Chapter 1: “Conveyances”
Brief caption § 57-3-106(2)(a)(ii): The first page of the Deed must include a brief caption that states the nature of the conveyance.
Creation of joint tenancy presumed (§ 57-1-5): If the Grantee and their husband or wife enters into a Quit Claim Deed, a joint tenancy interest with rights of survivorship will be assumed in the eyes of the law. That is, unless the contract specifies to the contrary.
Grantee’s details (§ 57-3-105(3)): The form must state the Grantee’s name and mailing address that will be used for assessment and taxation.
Legal description of the property (§ 57-3-105(2)): The Quit Claim Deed must contain a legal description of the property in order to be duly recorded.
Statutory form of the Quit Claim Deed (§ 57-1-13): State law permits a Quit Claim Deed to take the form, or substantially the same form, as the text below:
____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises).
Witness the hand of said grantor this __________(month\day\year).
A quitclaim deed when executed as required by law shall have the effect of a conveyance of all right, title, interest, and estate of the grantor in and to the premises therein described and all rights, privileges, and appurtenances thereunto belonging, at the date of the conveyance.”
Water Rights Addendum (§ 57-3-109): State law requires a water rights addendum to be submitted as an addendum to any Quit Claim Deed filed at the County Recorder’s Office. The Grantor is responsible for completing the Addendum. The completed document requires their signature, as well as that of the Grantee, who must sign it in acknowledgment of their receipt of a copy of the Addendum.
Signing requirements (§ 57-3-101): The Grantor is required to sign the Utah Quit Claim Deed form before an officer authorized to take acknowledgments. The officer must sign a certificate of the acknowledgment, a jurat, or another type of notarial certificate which contains the words “subscribed and sworn” (or words to a substantially similar effect).
How to file a Quit Claim Deed in Utah (§ 57-3-101): Once the signing requirements detailed above have been attended to, the Utah Quit Claim Deed form, in addition to the certificate, must be recorded in the office of the recorder of the county (i.e., the County Recorder’s Office) in the same jurisdiction that governs the property. The fees charged by the County Recorder will need to be paid according to the directions given.
All Utah Quit Claim Deeds fall under Utah’s “race-notice recording statute.” The most notable takeaway is that the Deed should be recorded as quickly as possible to avoid unwanted repercussions. § 57-3-101 states that the act of recording a conveyance in effect will “impart notice to all persons of their contents.”
Recording the document and providing notice of it is mandated by state law because otherwise, as § 57-3-103 states, an unrecorded document will be void as against any individual who subsequently purchases the same real property (a party referred to as a “Subsequent Purchaser”), if two conditions are met. That is, the Subsequent Purchaser:
- Purchased the property in good faith and for a valuable consideration, and
- They record their conveyance document first.