57-1-45.5. Conveyance document for a boundary adjustment -- Form and effect.
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Effective 11/6/2025
57-1-45.5. Conveyance document for a boundary adjustment -- Form and effect.
(1)A conveyance document, as defined in Sections 10-20-102 and 17-79-102 , for a boundary adjustment shall comply with this section.
(2)A conveyance document shall include:
(a)the name and signature of each party to the conveyance document;
(b)the address of each party to the conveyance document for assessment purposes;
(c)a legal description of the parcel or lot owned by each party before the boundary adjustment;
(d)a legal description of the parcel or lot owned by each party after the boundary adjustment; and
(e)sufficient language to convey title from one party to another party, in conformity with the proposed boundary adjustment.
(3)In addition to the information required in Subsection
(2), a conveyance document shall include as an exhibit, in a legible and recordable format:
(a)a visual or graphic of the proposed boundary adjustment and all properties affected by the proposed boundary adjustment, depicting:
(i)the former boundary location;
(ii)the new boundary location; and
(iii)the size, shape, and dimensions of each adjusted parcel or lot;
(b)if the property owners have conducted a survey, a reference to the record of the survey map, as defined in Section 17-73-504 , showing:
(i)existing dwellings, outbuildings, improvements, and other physical features;
(ii)existing easements, rights-of-way, conditions, or restrictions recorded or apparent;
(iii)the former boundary location;
(iv)the new boundary location;
(v)the size, shape, and dimensions of each adjusted lot or adjusted parcel; and
(vi)other existing or proposed improvements that impact or are subject to land use regulations; and
(c)if the conveyance document addresses a boundary adjustment that requires an amendment to a subdivision plat under Section 10-20-906 or 17-79-806 , the amendment to the subdivision plat.
(a)A conveyance document is effective on the day it is recorded as part of a boundary adjustment.
(b)Before recording a conveyance document, a county recorder shall confirm that the conveyance document is:
(i)in a legible and recordable format, including any exhibit to the conveyance document; and
(ii)accompanied by a notice of consent to the boundary adjustment from a land use authority under Subsection 10-20-906(3) or
(6)or Subsection 17-79-806(3) or
(6).
(c)Upon receipt of a conveyance document, or any exhibit to a conveyance document, that is not in a legible and recordable format, a county recorder shall provide the person submitting the conveyance document with an explanation of the corrections necessary to record the conveyance document.
(5)The recording of a boundary adjustment presumptively:
(a)relocates an existing boundary by creating a new boundary between the adjoining properties;
(b)changes the size, shape, or configuration of two or more adjoining lots or parcels;
(c)does not affect any previously recorded easement unless the easement is expressly and properly modified by the boundary adjustment; and
(d)affixes the ownership of the adjoining parties to the adjusted boundary.
Amended by Chapter 15 , 2025 Special Session 1