57-4a-4. Presumptions.

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

Effective 5/7/2025

(1)A recorded document creates the following presumptions regarding title to the real property affected:

(a)the document is genuine and was executed voluntarily by the person purporting to execute it;

(b)the person executing the document and the person on whose behalf it is executed are the persons they purport to be;

(c)the person executing the document was neither incompetent nor a minor at any relevant time;

(d)delivery occurred notwithstanding any lapse of time between dates on the document and the date of recording;

(e)any necessary consideration was given;

(f)the grantee, transferee, or beneficiary of an interest created or described by the document acted in good faith at all relevant times;

(g)a person executing a document as an agent, attorney in fact, officer of an organization, or in a fiduciary or official capacity:

(i)held the position that the person executing the document purported to hold and acted within the scope of that person's authority;

(ii)in the case of an officer of an organization, was authorized under all applicable laws to act on behalf of the organization; and

(iii)in the case of an agent, the agent's agency was not revoked, and the agent acted for a principal who was neither incompetent nor a minor at any relevant time;

(h)a person executing the document as an individual:

(i)was unmarried on the effective date of the document; or

(ii)if it otherwise appears from the document that the person was married on the effective date of the document, the grantee was a bona fide purchaser and the grantor received adequate and full consideration in money or money's worth so that the joinder of the nonexecuting spouse was not required under Sections 75-2-201 through 75-2-207 ;

(i)if the document purports to be executed pursuant to or to be a final determination in a judicial or administrative proceeding, or to be executed pursuant to a power of eminent domain, the court, official body, or condemnor acted within its jurisdiction and all steps required for the execution of the document were taken; and

(j)recitals and other statements of fact in a document, including without limitation recitals concerning mergers or name changes of organizations, are true.

(2)The presumptions stated in Subsection

(1)arise even though the document purports only to release a claim or to convey any right, title, or interest of the person executing it or the person on whose behalf it is executed.

Amended by Chapter 302 , 2025 General Session