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[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-21-1 Recorder - Document custody responsibility - Electronic submission procedures and guidelines.
The county recorder:
(1) is custodian of all recorded documents and records required by law to be recorded;
(2) shall establish policies and procedures that the recorder considers necessary to protect recorded documents and records in the recorder's custody, including determining the appropriate method for the public to obtain copies of the public record under Section 17-21-19 and supervision of those who make copies of the public record; and
(3) may establish procedures and guidelines to govern
the electronic submission of plats, records, and other documents
to the county recorder's office consistent with Title 46,
Chapter 4, Uniform Electronic Transactions Act.
2003
17-21-2 Seal.
The county recorder shall have a seal, to be furnished
by the county legislative body, the impression of which shall
contain the following words: "State of Utah, County Recorder,"
together with the name of the county in which the same is
to be used.
1993
17-21-3 Original documents or copies of original documents to be kept by the county.
After accepting a document for recording, receiving the
fees for recording it, and completing recording procedures,
the recorder shall, only if required by statute, keep the
original document or a copy of the original document as a
public record in a form sufficient to meet the requirements
of this chapter.
1999
17-21-4 Certified copies.
(1) The county recorder may make and furnish certified photographic copies of any of the records in the office to an interested person who pays the applicable fees and charges.
(2) The county recorder shall supply certified copies
of any of the records to the county officer for the officer's
official use without the payment of any fee.
1999
17-21-5 Receipts for documents received for record.
Upon recording an instrument, the recorder shall, if requested,
give a receipt to a person presenting an instrument for recording.
1999
17-21-6 General duties of recorder - Records and indexes.
(1) Each recorder shall:
(a) keep an entry record, in which the recorder shall, upon acceptance of any instrument, enter the instrument in the order of its reception, the names of the parties to the instrument, its date, the hour, the day of the month and the year of recording, and a brief description, and endorse upon each instrument a number corresponding with the number of the entry;
(b) keep a grantors' index, in which the recorder shall index deeds and final judgments or decrees partitioning or affecting the title to or possession of real property, which shall show the entry number of the instrument, the name of each grantor in alphabetical order, the name of the grantee, the date of the instrument, the time of recording, the kind of instrument, the book and page, and a brief description;
(c) keep a grantees' index, in which the recorder shall index deeds and final judgments or decrees partitioning or affecting the title to or possession of real property, which shall show the entry number of the instrument, the name of each grantee in alphabetical order, the name of the grantor, the date of the instrument, the time of recording, the kind of instrument, the book and page, and a brief description;
(d) keep a mortgagors' index, in which the recorder shall enter all mortgages, deeds of trust, liens, and other instruments in the nature of an encumbrance upon real estate, which shall show the entry number of the instrument, the name of each mortgagor, debtor, or person charged with the encumbrance in alphabetical order, the name of the mortgagee, lien holder, creditor, or claimant, the date of the instrument, the time of recording, the instrument, consideration, the book and page, and a brief description;
(e) keep a mortgagees' index, in which the recorder shall enter all mortgages, deeds of trust, liens, and other instruments in the nature of an encumbrance upon real estate, which shall show the entry number of the instrument, the name of each mortgagee, lien holder, creditor, or claimant, in alphabetical order, the name of the mortgagor or person charged with the encumbrance, the date of the instrument, the time of recording, the kind of instrument, the consideration, the book and page, and a brief description;
(f) keep a tract index, which shall show by description every instrument recorded, the date and the kind of instrument, the time of recording, and the book and page and entry number;
(g) keep an index of recorded maps, plats, and subdivisions;
(h) keep an index of powers of attorney showing the date and time of recording, the book, the page, and the entry number;
(i) keep a miscellaneous index, in which the recorder shall enter all instruments of a miscellaneous character not otherwise provided for in this section, showing the date of recording, the book, the page, the entry number, the kind of instrument, from, to, and the parties;
(j) keep an index of judgments showing the judgment debtors, the judgment creditors, the amount of judgment, the date and time of recording, the satisfaction, and the book, the page, and the entry number; and
(k) keep a general recording index in which the recorder shall index all executions and writs of attachment, and any other instruments not required by law to be spread upon the records, and in separate columns the recorder shall enter the names of the plaintiffs in the execution and the names of the defendants in the execution.
(2) The recorder shall alphabetically arrange the indexes required by this section and keep a reverse index.
(3) The tract index required by Subsection (1)(f) shall be kept so that it shows a true chain of title to each tract or parcel, together with their encumbrances, according to the records of the office.
(4) Nothing in this section prevents the recorder from
using a single name index if that index includes all of the
indexes required by this section.
2001
17-21-9 Indexing of deeds and other instruments.
Deeds and other instruments affecting real estate made
by a United States marshal, a sheriff, master in chancery,
special commissioner, executor, administrator, guardian,
trustee, or other person acting in behalf of another shall
be indexed in the name of the person whose land is sold or
affected as grantor.
1999
17-21-10 Judgments affecting real estate.
The recorder shall record a judgment affecting real estate
or certified copies of final judgments or decrees partitioning
or affecting the title or possession of real property any
part of which is located in the county.
1999
17-21-11 Notice given by recording.
(1) Each certified copy from the time of recording gives notice to all persons of the contents of the recorded document.
(2) Subsequent purchasers, mortgagees, and lien holders
purchase and encumber with the same notice and effect as
if the certified copy was the original document.
1999
17-21-12 Recording procedures - Endorsements of entry number required on documents.
When any instrument authorized by law to be recorded is accepted by the recorder's office for recording, the recorder shall:
(1) endorse upon it its proper entry number, the time when it was received, noting the year, month, day, hour, and minute of its reception, and the amount of fees for recording; and
(2) record the instrument during office hours in the order
it was accepted, together with the acknowledgments, proofs,
and certificates written upon or attached to it, with the
plats, surveys, schedules and other papers annexed to it.
1999
17-21-13 Endorsement of book and page - Return of instrument.
(1) (a) The recorder may also endorse upon each instrument, paper, or notice the book and page reference.
(b) If the entry number is endorsed on each page of the instrument, the recorder may omit the book and page reference:
(i) on the instrument; and
(ii) in all indexes required by statute.
(c) If the county recorder has elected to omit the book and page reference under Subsection (1)(b), documents presented for recording in that county that are required to recite recording data may omit the book and page reference.
(2) The recorder shall return the instrument to the appropriate
party.
2001
17-21-14 Military records - Evidence.
(1) Upon presentation, the county recorder shall:
(a) record, free of charge, discharges from the military, naval, or marine service of the United States, and any and all orders, citations, and decorations of honor relating to a person while the person was in the military, naval, or marine service of the United States; and
(b) furnish, free of charge, certified copies of any of those records to the person to whom they relate and to the father, mother, brothers, sisters, or any lineal descendant of that person.
(2) Those certified copies may be read in evidence with
the same effect as the original in any action or proceeding
before any court, commission, or other tribunal in this state.
1999
17-21-16 Acknowledgments and administrations of oaths.
County recorders may take and certify acknowledgments
and administer oaths.
1953
17-21-17 Prohibited acts.
(1) Upon acceptance of an instrument entitled to be recorded, the recorder may not:
(a) record the instrument in any manner other than the manner required by this chapter; or
(b) alter, change, obliterate, or insert any new matter in any instrument of record.
(2) It is not a prohibited act under this section when a recorder denies access to:
(a) an instrument of record that has been classified as private under Section 63-2-302 ; or
(b) a portion of an instrument of record that has been
classified as private under Section
63-2-302
.
2002
17-21-18 Fees must be paid in advance.
The recorder may not record any instrument, furnish any
copies, or provide any service connected with the office,
until the fees prescribed by law have been paid.
1999
17-21-18.5 Fees of county recorder.
(1) The county recorder shall receive the following fees:
(a) for receiving, entering, and filing any instrument, paper, or notice, not otherwise provided for, other than bonds of public officers, $10;
(b) for recording any instrument, paper, or notice, including those provided for under Title 70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided for, $10 for the first page, if the page is not larger than 8-1/2 inches x 14 inches in size, and $2 for each additional page, and if any instrument, paper, or notice contains more than one description, $1 for each additional description;
(c) for recording any instrument in which a right-of-way is described, which is connected with or is appurtenant to any tract of land described in the instrument, $1, but if the instrument contains a description of more than one right-of-way, $1 for each additional right-of-way, and if any instrument contains more than two names for either first or second party, or plaintiffs or defendants, for each additional name, $1;
(d) for recording, indexing, and abstracting mining location notices, and recording, indexing, and abstracting affidavits of labor affecting mining claims, $10 for the first page if that page is not larger than 8-1/2 inches by 14 inches in size, and $2 for each additional page; and
(e) for a location notice, affidavit, or proof of labor which contains names of more than two signers, $1 for each additional name, and for an affidavit or proof of labor which contains more than one mining claim, $1 for each additional mining claim.
(2) (a) Each county recorder shall record the mining rules of the several mining districts in each county without fee.
(b) Certified copies of these records shall be received in all tribunals and before all officers of this state as prima facie evidence of the rules.
(3) The county recorder shall receive the following fees:
(a) for copies of any record or document, a reasonable fee as determined by the county legislative body;
(b) for each certificate under seal, $5;
(c) for recording any plat of a subdivision into lots and blocks, $1 for each lot, and $30 for each sheet;
(d) for recording any other plat or map, $30 for each sheet and $1 for each lot or unit designation;
(e) for taking and certifying acknowledgments, including seal, $5 for one name and $2 for each additional name;
(f) for recording any license issued by the Division of Occupational and Professional Licensing, $10; and
(g) for filing of federal tax lien, $10, and for the discharge of the lien, $10.
(4) The county may determine and collect a fee for all services not enumerated in this section.
(5) A county recorder may not be required to collect a
fee for services that are unrelated to the county recorder's
office.
2003
17-21-19 Records open to inspection - Copies.
(1) Unless otherwise classified as private under Section 63-2-302 , all instruments of record and all indexes required by this chapter are open to public inspection during office hours.
(2) Upon payment of the applicable fee, a person may obtain
copies of a public record.
2002
17-21-20 Recording required - Recorder may require tax serial number.
(1) Subject to Subsection (2), each paper, notice, and instrument required by law to be filed in the office of the county recorder shall be recorded unless otherwise provided.
(2) (a) To facilitate the abstracting of an instrument, a county recorder may require that the applicable tax serial number of each parcel affected by the instrument appear on each instrument before it may be accepted for recording.
(b) If a county recorder requires the applicable tax serial number to be on an instrument before it may be recorded:
(i) the county recorder shall post a notice of that requirement in a conspicuous place at the recorder's office;
(ii) the tax serial number may not be considered to be part of the legal description and may be indicated on the margin of the instrument; and
(iii) an error in the tax serial number does not affect
the validity of the instrument or effectiveness of the recording.
2000
17-21-21 Ownership plats - Use of geographic information systems or computer systems.
(1) The county recorder shall prepare and keep ownership plats drawn to a convenient scale, which show the record owners of each tract of land in the county, together with the dimensions of the tract.
(2) The county recorder may not be required to:
(a) show ownership of timeshare units or timeshare estates on ownership plats; or
(b) show lot or unit ownership on subdivisions or condominium plats or other ownership plats if that information is available through computer systems or other indexes.
(3) Nothing in this chapter precludes the use of geographic
information systems or computer systems by the recorder if
the systems include all of the information required by this
section.
2001
17-21-22 Annual revision - Reporting changes in ownership to county assessors - Use of geographic information systems or computer systems.
(1) The county recorder shall:
(a) each year, prepare copies of ownership plats and descriptions, showing record owners at noon on January 1;
(b) on or before January 30 of each year, transmit the copies to the county assessor;
(c) report all changes in recorded ownership of real property made during the first seven months of each calendar year to the county assessor not later than August 15 of that year;
(d) for the remainder of the calendar year, report the changes in the ownership of real property that are recorded in the county recorder's office each month on or before the 15th day of the month following the month in which the changes were recorded;
(e) transmit the changes of ownership on appropriate forms that show the current owner's name and a full legal description of the property conveyed; and
(f) where only a part of the grantor's property is conveyed, transmit an additional form showing a full legal description of the portion retained.
(2) Nothing in this chapter precludes the use of geographic
information systems or computer systems by the recorder if
the systems include all of the information required by this
section.
2002
17-21-25 Names of persons signing to be typed or printed on instruments presented for recording.
(1) All instruments presented to the county recorder for recording shall have typed or printed on them the names of all persons whose signatures appear on the instrument whose names are required to be indexed.
(2) The requirements of Subsection (1) do not affect the
legality of the instrument to be recorded.
1999
