Utah follows which type of recording statute for real property?
Correct Answer
B) Race-notice statute
Utah is a race-notice recording state under Utah Code § 57-3-103. To prevail over a prior unrecorded conveyance, a subsequent purchaser must (1) pay valuable consideration, (2) take without actual or constructive notice of the prior conveyance, and (3) record their interest first. Both the absence of notice and the priority of recording are required — satisfying only one condition is not sufficient. This differs from a pure race state, where only recording first matters, and a pure notice state, where only lack of notice matters.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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