Utah Code

Utah Code § 57-1-12 (2026)

Form of warranty deed -- Effect

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Conveyances of land may be substantially in the following form:WARRANTY DEED____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises).Witness the hand of said grantor this __________(month\day\year).

A warranty deed when executed as required by law shall have the effect of a conveyance in fee simple to the grantee, the grantee's heirs, and assigns:

of the premises named in the warranty deed;

of all the appurtenances, rights, and privileges belonging to the premises named in the warranty deed; and

with covenants from the grantor, the grantor's heirs, and personal representatives, that:

the grantor lawfully owns fee simple title to and has the right to immediate possession of the premises;

the grantor has good right to convey the premises;

the grantor guarantees the grantee, the grantee's heirs, and assigns in the quiet possession of the premises;

the premises are free from all encumbrances; and

the grantor, the grantor's heirs, and personal representatives will forever warrant and defend the title of the premises in the grantee, the grantee's heirs, and assigns against all lawful claims whatsoever.

Any exception to the covenants described in Subsection (2)(c) may be briefly inserted in the warranty deed following the description of the land.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1979–2022 · leading case: Holmes Dev., LLC v. Cook, 2002 UT 38 (Utah 2002).

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Holmes Dev., LLC v. Cook, 2002 UT 38 (Utah 2002). · cites it 12× “Utah Code Ann. § 57-1-12 (2000) (emphasis added).”

Breuer-Harrison, Inc. v. Combe, 799 P.2d 716 (Utah Ct. App. 1990). · cites it 8× “with covenants from the grantor ... that the premises are free from all encumbrances.”

Mason v. State, 656 P.2d 465 (Utah 1982). · cites it 4× “, 1953, § 57-1-12, and it would also deny the State a power (to acquire fee simple title) routinely exercised by individuals and corporate bodies.”

Schafir v. Harrigan, 879 P.2d 1384 (Utah Ct. App. 1994). · cites it 4× “Utah Code Ann. § 57-1-12 (1993). 18 . We also disagree with the Schafirs’ claim that genuine issues of material fact still exist regarding the plumbing code violation.”

Butler, Crockett & Walsh Dev. Corp. v. Pinecrest Pipeline Operating Co., 909 P.2d 225 (Utah 1996). · cites it 2× “” Utah Code Ann. § 57-1-12 . Third parties, such as the defendants in this case, are not bound by the warranties set out in a warranty deed.”

Mason v. Loveless, 2001 UT App 145 (Utah Ct. App. 2001). · cites it 2× “; see also Utah Code Ann. § 57-1-12 (2000) (describing form and effect of warranty deed in Utah).”

Duffin v. Duffin, 2022 UT App 60 (Utah Ct. App. 2022). · cites it 2× “See Utah Code Ann. § 57-1-12 (2) (LexisNexis 2020).”

Hancock v. Planned Dev. Corp., 791 P.2d 183 (Utah 1990). · cites it 2× “12 Plaintiffs grantor conveyed to plaintiff by a warranty deed in the statutory form prescribed by Utah Code Ann. § 57-1-12 (1953). That statute provides that when a warranty deed is executed in the form there prescribed, “it shall have the effect of a conveyance in fee simple…”

Sanpete Am., LLC v. Willardsen, 269 P.3d 118 (Utah 2011). “§ 57-1-12(2)(c) (2010). This court has commonly referred to the five covenants as (1) the covenant of seisin, (2) the covenant of right to convey, (8) the covenant of quiet enjoyment, (4) the covenant against encumbrances, and (5) the covenant of warranty.”

Bergstrom v. Moore, 677 P.2d 1123 (Utah 1984). · cites it 2× “Section 57-1-12 of the Utah Code specifies the effect of a warranty deed as follows: Such deed when executed as required by law shall have the effect of a conveyance in fee simple .”

Snow Flower Homeowners Ass'n v. Snow Flower, Ltd., 2001 UT App 207 (Utah Ct. App. 2001). · cites it 2× “; see also Utah Code Ann. § 57-1-12 (2000). This section does not require that Davis guarantee the Condominiums meet the applicable building codes.”

Bown v. Loveland, 678 P.2d 292 (Utah 1984). “Suffice it to say that the Court remains unpersuaded that the evidence clearly preponderates against the finding of the trial court that the warranty deed was intended as a mortgage. Having so concluded, we do not reach the issue of whether the transaction was unconscionable.”

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— Utah Code § 57-1-12(2)(c) — 1 case

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