A Utah real estate licensee is advising a client on the purchase of a rural property with associated water rights. Which of the following statements about Utah water rights is NOT accurate?
Correct Answer
D) Water rights automatically transfer with the land when a general warranty deed is recorded
Option B is NOT accurate. Under Utah Code Ann. § 73-1-1 et seq., water rights do NOT automatically transfer with the land when a deed is recorded. Water rights are a separate property interest from real property in Utah. They must be explicitly conveyed through a separate water right deed or by specific inclusion in the purchase contract. Recording a general warranty deed for the land does not transfer any associated water rights.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
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