Utah Code » Title 25, Chapter 5 — Statute of Frauds
Utah Code

Utah Code § 25-5-1 (2026)

Estate or interest in real property

✓ current as of May 2026
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No estate or interest in real property, other than leases for a term not exceeding one year, nor any trust or power over or concerning real property or in any manner relating thereto, shall be created, granted, assigned, surrendered or declared otherwise than by act or operation of law, or by deed or conveyance in writing subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by that party's lawful agent thereunto authorized by writing.

Notes of Decisions
Cited in 72 cases (9 in the last 5 years), 1956–2025 · leading case: Warburton v. Virginia Beach Fed. Sav. & Loan Ass'n, 899 P.2d 779 (Utah Ct. App. 1995).
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Warburton v. Virginia Beach Fed. Sav. & Loan Ass'n, 899 P.2d 779 (Utah Ct. App. 1995). · cites it 12× “2d 1062, 1068 (Utah 1984) (holding that plaintiffs had prescriptive easement in gross to drive cattle across land).”
Spears v. Warr, 2002 UT 24 (Utah 2002). · cites it 5× “STATUTE OF FRAUDS 21 The Warrs insist the statute of frauds, Utah Code Ann. §§ 25-5-1 to -9 (1998), bars enforcement of the plaintiffs alleged contracts for irrigation water rights because, they claim, the contracts are for a real property interest.”
Allen v. Kingdon, 723 P.2d 394 (Utah 1986). · cites it 6× “The trial court found that the parties had orally rescinded their agreement and ordered the sellers to return the buyers' payments, less $1,000 on a counterclaim of the sellers, which award is not challenged on this appeal. The sellers first contend that the trial court erred in…”
Morgan v. Bd. of State Lands, 549 P.2d 695 (Utah 1976). · cites it 4× “[5] Defendant relies on the statute of frauds, Section 25-5-1 and 25-5-4(1), U.C.A. 1953, as well as Section 65-1-18 and 65-1-23, which impliedly require all leases of the Board to be in writing.”
Rawlings v. Rawlings, 2010 UT 52 (Utah 2010). · cites it 2× “See Utah Code Ann. § 25-5-1 (2007). 31 . See Haws v.”
Fritsche v. Deer Valley Ridge, 2022 UT App 11 (Utah Ct. App. 2022). · cites it 6× “” See Utah Code Ann. § 25-5-1 (LexisNexis 2019).”
Cady v. Johnson, 671 P.2d 149 (Utah 1983). · cites it 3× “, 1953, § 25-5-1, requires written authorization from one to allow another to bind him to a contract for the purchase of real property.”
Golden Meadows Props., LC v. Strand, 2010 UT App 257 (Utah Ct. App. 2010). · cites it 2× “See Utah Code Ann. § 25-5-1 (2007). " Statutes of frauds are intended to bar enforcement of certain agreements that the law requires to be memorialized in writing"" Stangl v.”
Coleman v. Stuart, 2019 UT App 165 (Utah Ct. App. 2019). · cites it 4× “See also Utah Code Ann. § 25-5-1 (LexisNexis 2013); id.”
Jenkins v. Percival, 962 P.2d 796 (Utah 1998). · cites it 4× “The majority has offered no rationale as to why the doctrine of part performance should be applied to an oral contract that was not under the statute of frauds to begin with. Moreover, "[i]t is a well-established rule that except where authorized to do so by statute, a court of…”
Ld III, LLC v. Bbrd, Lc, 2009 UT App 301 (Utah Ct. App. 2009). · cites it 2× “" Utah Code Ann. § 25-5-1 (2007). However, "Itlhe statute of frauds is a defense that can be waived by a failure to plead it as an affirmative defense, admitting its existence in the pleadings[,] or admitting at trial the existence and all essential terms of the contract.”
Shire Dev. v. Frontier Investments, 799 P.2d 221 (Utah Ct. App. 1990). · cites it 4× “See Utah Code Ann. § 25-5-1 (1989). 4 . Utah Code Ann.”
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