{"data":{"id":"us-ut/utah-code-57-4a-4","jurisdiction":"us-ut","citation":"Utah Code § 57-4a-4","heading":"Presumptions.","body":"(1) A recorded document creates the following presumptions regarding title to the real property affected:\n(a) the document is genuine and was executed voluntarily by the person purporting to execute it;\n(b) the person executing the document and the person on whose behalf it is executed are the persons they purport to be;\n(c) the person executing the document was neither incompetent nor a minor at any relevant time;\n(d) delivery occurred notwithstanding any lapse of time between dates on the document and the date of recording;\n(e) any necessary consideration was given;\n(f) the grantee, transferee, or beneficiary of an interest created or described by the document acted in good faith at all relevant times;\n(g) a person executing a document as an agent, attorney in fact, officer of an organization, or in a fiduciary or official capacity:\n(i) held the position that the person executing the document purported to hold and acted within the scope of that person's authority;\n(ii) in the case of an officer of an organization, was authorized under all applicable laws to act on behalf of the organization; and\n(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;\n(h) a person executing the document as an individual:\n(i) was unmarried on the effective date of the document; or\n(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;\n(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\n(j) recitals and other statements of fact in a document, including without limitation recitals concerning mergers or name changes of organizations, are true.\n(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.","path":["Title 57 Real Estate","Chapter 57-4a Effects of Recording"],"source_url":"https://le.utah.gov/xcode/Title57/Chapter4a/57-4a-S4.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"7b28b87fe547e7c3dd18bbc4d31f0d691f79f1c8526853cc2cd0aa042316706a","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-57-4a-3","next":"us-ut/utah-code-57-6-1"},"notice":"GroundRules: Original legal text. Not legal advice."}
