Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-40-1 Action to determine adverse claim to property - Authorized.
An action may be brought by any person against another
who claims an estate or interest in real property or an interest
or claim to personal property adverse to him, for the purpose
of determining such adverse claim.
1953
78-40-2 Lis pendens.
In any action affecting the title to, or the right of
possession of, real property the plaintiff at the time of
filing the complaint or thereafter, and the defendant at
the time of filing his answer when affirmative relief is
claimed in such answer, or at any time afterward, may file
for record with the recorder of the county in which the property
or some part thereof is situated a notice of the pendency
of the action, containing the names of the parties, the object
of the action or defense, and a description of the property
in that county affected thereby. From the time of filing
such notice for record only shall a purchaser or encumbrancer
of the property affected thereby be deemed to have constructive
notice of the pendency of the action, and only of its pendency
against parties designated by their real names.
1953
78-40-3 Disclaimer or default by defendant - Costs.
If the defendant in such action disclaims in his answer
any interest or estate in the property, or suffers judgment
to be taken against him without answer, the plaintiff cannot
recover costs.
1953
78-40-4 Termination of title pending action - Judgment - Damages.
If the plaintiff shows a right to recover at the time
the action was commenced, but it appears that his right has
terminated during the pendency of the action, the verdict
and judgment must be according to the fact, and the plaintiff
may recover damages for withholding the property.
1953
78-40-5 Setoff or counterclaim for improvements made.
When damages are claimed for withholding the property
recovered, upon which permanent improvements have been made
by a defendant, or those under whom he claims, holding under
color of title adversely to the claims of the plaintiff,
in good faith, the value of such improvements, except improvements
made upon mining property, must be allowed as a setoff or
counterclaim against such damages.
1953
78-40-6 Right of entry pending action for purposes of action.
The court in which an action is pending for the recovery
of real property, or for damages for an injury thereto, or
to quiet title or to determine adverse claims thereto, or
a judge of such court, may, on motion, upon notice by either
party, for good cause shown, grant an order allowing to such
party the right to enter upon the property and make survey
and measurement thereof, and of any tunnels, shafts or drifts
thereon for the purpose of the action, even though entry
for such purpose has to be made through other lands belonging
to parties to the action.
1953
78-40-7 Order therefor - Liability for injuries.
The order must describe the property, and a copy thereof
must be served on the owner or occupant, and thereupon such
party may enter upon the property with necessary surveyors
and assistants, and may make such survey and measurement;
but if any unnecessary injury is done to the property, he
is liable therefor.
1953
78-40-8 Mortgage not deemed a conveyance - Foreclosure necessary.
A mortgage of real property shall not be deemed a conveyance,
whatever its terms, so as to enable the owner of the mortgage
to recover possession of the real property without a foreclosure
and sale.
1953
78-40-9 Alienation pending action not to prejudice recovery.
An action for the recovery of real property against a
person in possession cannot be prejudiced by any alienation
made by such person, either before or after the commencement
of the action.
1953
78-40-10 Actions respecting mining claims - Proof of customs and usage admissible.
In actions respecting mining claims proof must be admitted
of the customs, usages or regulations established and in
force in the district, bar, diggings or camp embracing such
claim; and such customs, usages or regulations, when not
in conflict with the laws of this state or of the United
States, must govern the decision of the action.
1953
78-40-11 Temporary injunction in actions involving title to mining claims.
In actions involving the title to mining claims, if it
is made to appear to the satisfaction of the court that,
in order that justice may be done and the action fairly tried
on its merits, it is necessary that further development should
be made, and that the party applying has been guilty of no
laches and is acting in good faith, the court shall grant
the postponement of the trial of the action, giving the party
a reasonable time in which to prepare for trial. And in granting
such postponement the court may, in its discretion, annex
as a condition thereto an order that the party obtaining
such postponement shall not, pending the trial of the action,
remove from the premises in controversy any valuable quartz,
rock, earth or ores; and for any violation of an order so
made, the court, or judge thereof, may punish for contempt
as in the cases of violation of an injunction, and may also
vacate the order of postponement.
1953
78-40-12 Service of summons and conclusiveness of judgment.
Where service of process is made upon unknown defendants
by publication, the action shall proceed against such unknown
persons in the same manner as against the defendants who
are named and upon whom service is made by publication, and
any such unknown person who has or claims to have any right,
title, estate, lien or interest in the said property, which
is a cloud on the title thereto, adverse to the plaintiff,
at the time of the commencement of the action, who has been
duly served as aforesaid, and anyone claiming under him,
shall be concluded by the judgment in such action as effectually
as if the action were brought against such person by his
or her name, notwithstanding such unknown person may be under
legal disability.
1953
78-40-13 Judgment on default - Court must require evidence - Conclusiveness of judgment.
When the summons has been served and the time for answering
has expired, the court shall proceed to hear the cause as
in other cases, and shall have jurisdiction to examine into
and determine the legality of the plaintiff's title and of
the title and claims of all the defendants and of all unknown
persons, and to that end must not enter any judgment by default
against unknown defendants, but must in all cases require
evidence of plaintiff's title and possession and hear such
evidence as may be offered respecting the claims and title
of any of the defendants, and must thereafter enter judgment
in accordance with the evidence and the law. The judgment
shall be conclusive against all the persons named in the
summons and complaint who have been served and against all
such unknown persons as stated in the complaint and summons
who have been served by publication.
1953
