Utah Code
Utah Code § 57-1-1 (2026)
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✓ current as of May 2026
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As used in this title:
"Certified copy" means a duplicate of a document:
certified by the document's custodian to be a true and correct copy of the document; or
maintained under the authority of the United States, the state, a political subdivision of the state, another state, a court of record, a foreign government, or an Indian tribe.
"Document" means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year.
"Indian tribe" means the same as that term is defined in Section 9-9-101.
"Person" means an individual, corporation, business trust, estate, trust, public entity, or any other legal or commercial entity.
"Public entity" means:
the United States, including an agency of the United States;
the state, including an agency or department of the state;
a political subdivision, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity; or
an Indian tribe.
"Public entity affidavit" means a notarized affidavit:
signed by an authorized employee or officer of a public entity; and
evidencing consent to a conveyance of real property by deed to the public entity.
"Real property" or "real estate" means any right, title, estate, or interest in land, including:
all nonextracted minerals located in, on, or under the land;
all buildings, fixtures and improvements on the land; and
all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land.
"Stigmatized" means:
the site or suspected site of a homicide, other felony, or suicide;
the dwelling place of an individual infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Department of Health and Human Services, created in Section 26B-1-201, determines cannot be transferred by occupancy of a dwelling place; or
property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 1938–2026 · leading case: South Sanpitch Co. v. Pack, 765 P.2d 1279 (Utah Ct. App. 1988).
South Sanpitch Co. v. Pack, 765 P.2d 1279 (Utah Ct. App. 1988). “The applicable version of the statutory language referred to in Bybee, Utah Code Ann. § 57-1-1 (1986), 2 with our emphasis, provided as follows: The term “conveyance” as used in this title shall be construed to embrace every instrument in writing by which any real estate, or…”
Commonwealth Prop. Advocates, LLC v. Mortg. Elec. Reg. Sys., Inc., 2011 UT App 232 (Utah Ct. App. 2011). “A windfall for the mortgagor is a result that is contrary to the plain meaning of the statute and that does not coincide with the context of Chapter 1 of Title 57, which explains the foundational nuts and bolts of conveyancing, see Utah Code Ann. §§ 57-1-1 to -46. Because "(olur…”
Berneike v. CitiMortgage, Inc., 708 F.3d 1141 (10th Cir. 2013). “, Utah Code Ann. § 57-1-1 , -19 to -36. We conclude that Berneike is barred from asserting a UCSPA claim pursuant to the principles articulated by the Utah Supreme Court in Carlie.”
SLC Ltd. v v. Bradford Grp. West, Inc. (In Re SLC Ltd. V), 152 B.R. 755 (Bankr. D. Utah 1993). “” Utah Code Ann. § 57-1-1 (2). Under Utah law, a creditor perfects its security interest in real property by recordation of the applicable documents in the appropriate county recorder’s office.”
Deleeuw v. Nationstar Mortg. LLC, 2018 UT App 59 (Utah Ct. App. 2018). “In Bevan , we dismissed the plaintiff's argument that real estate transactions involving deeds of trust are governed by the UCC, stating that "trust deeds are not regulated by the Uniform Commercial Code but instead are regulated by Utah Code sections 57-1-1 through 57-1-44."…”
Haik v. Sandy City, 2011 UT 26 (Utah 2011). “§ 57-1-1(2). 17 . See American Heritace Dictionary 1328 (2d college ed.”
Lavender v. FCOI Preserve, 2025 UT App 47 (Utah Ct. App. 2025). “Utah Code § 57-1-1(4). A cloud on title resulting from the improper recording of trust deeds does not fall within the rubric of any of these categories.”
Gen. Glass Corp. v. Mast Constr. Co., 766 P.2d 429 (Utah Ct. App. 1988). “” Utah Code Ann. § 57-1-1 (1986). 4 . Every conveyance of real estate, and every instrument of writing setting forth an agreement to convey any real estate or whereby any real estate may be affected, to operate as notice to third persons shall be proved or acknowledged and…”
Interstate Land Corp. v. Patterson, 797 P.2d 1101 (Utah Ct. App. 1990). “A trust deed is “a deed executed in conformity with this act [ Utah Code Ann. §§ 57-1-1 to -37 (1988)] and conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or other person named in the deed to a beneficiary.”
Webb v. Interstate Land Corp., 920 P.2d 1187 (Utah 1996). “” Utah Code Ann. § 57-1-1 (3) (emphasis added).”
Ellsworth v. Tuttle, 148 F. App'x 653 (10th Cir. 2005). “” (Reply Brief of Appellants, p. 3.) Water, they contend, must be treated differently because it is, by law, the property of the citizens of Utah.”
Utah Farm Prod. Credit Ass'n v. Wasatch Bank of Pleasant Grove, 734 P.2d 904 (Utah 1987). “Inasmuch as the Koyle-to-Boley-and-Han-sen deed dated May 1, 1975, was not recorded until years after the Evergreen-to-BAF assignments were executed and recorded, BAF had no constructive notice 2 of the deed.”
— Utah Code § 57-1-1(2) — 1 case
Haik v. Sandy City, 2011 UT 26 (Utah 2011). “§ 57-1-1(2). 17 . See American Heritace Dictionary 1328 (2d college ed.”
— Utah Code § 57-1-1(3) — 4 cases
SLC Ltd. v v. Bradford Grp. West, Inc. (In Re SLC Ltd. V), 152 B.R. 755 (Bankr. D. Utah 1993). “” Utah Code Ann. § 57-1-1 (2). Under Utah law, a creditor perfects its security interest in real property by recordation of the applicable documents in the appropriate county recorder’s office.”
Capital Assets Fin. Servs. v. Maxwell, 2000 UT 9 (Utah 2000).
Mulligan v. Alum Rock Riverside, 2024 UT 22 (Utah 2024).
Harris v. Deparment of Health & Human Servs., 2024 UT App 97 (Utah Ct. App. 2024).
— Utah Code § 57-1-1(4) — 1 case
Lavender v. FCOI Preserve, 2025 UT App 47 (Utah Ct. App. 2025). “Utah Code § 57-1-1(4). A cloud on title resulting from the improper recording of trust deeds does not fall within the rubric of any of these categories.”
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