§16-402. Definitions.

304 words·~1 min read·/ok/title-16-conveyances/16-402

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this act:

1. "Amendment" means a document that removes an unlawful restriction;

2. "Document" means a record recorded or eligible to be recorded in land records;

3. "Governing instrument" means a document recorded in land records that:

a. establishes a governing body responsible for

management of common areas or facilities used by more

than one owner of a property interest affected by the

document, and

b. requires contribution, enforceable by a lien on a

separate property interest, of a share of taxes,

insurance premiums, maintenance, or improvement of, or

services or other expenses for the common benefit of,

the real property described in the document;

4. "Index" means a system that enables a search for a document in land records;

5. "Land records" means documents and indexes maintained by a recorder;

6. "Owner" means a person that has a fee interest in real property;

7. "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity;

8. "Record", used as a noun, means information:

a. inscribed on a tangible medium, or

b. stored in an electronic or other medium and

retrievable in perceivable form;

9. "Recorder" means an officer authorized under other laws of this state to accept a document for recordation in land records;

10. "Remove" means eliminate any apparent or purportedly continuing effect on title to real property; and

11. "Unlawful restriction" means a prohibition, restriction, covenant, or condition in a document that purports to interfere with or restrict the transfer, use, or occupancy of real property:

a. on the basis of race, color, religion, national

origin, sex, familial status, disability, or other

personal characteristics, and

b. in violation of other laws of this state or federal

law. Added by Laws 2025, c. 28, § 2, eff. Nov. 1, 2025.