Utah Code » Title 57, Chapter 1 — Conveyances
Utah Code

Utah Code § 57-1-3 (2026)

Grant of fee simple presumed

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A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended.

No Change Since 1953

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1991–2025 · leading case: Winegar v. Froerer Corp., 813 P.2d 104 (Utah 1991).
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Winegar v. Froerer Corp., 813 P.2d 104 (Utah 1991). · cites it 2× “” Utah Code Ann. § 57-1-3 . This court has recognized that a deed, absolute in any form, may be construed as a mortgage if it was only intended as security under a parol agreement rather than as an outright conveyance.”
Howard v. Manes, 2013 UT App 208, 309 P.3d 279. · cites it 2× “See Utah Code Ann. § 57-1-3 (LexisNexis 2010) ("A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears that a lesser estate was intended.”
Morganroth & Morganroth v. DeLorean, 213 F.3d 1301 (10th Cir. 2000). “Utah Code Ann. § 57-1-3 . We agree with the district court that neither of the documents relied on was legally effective to convey an interest in real property.”
Capital Assets Fin. Servs. v. Lindsay, 956 P.2d 1090 (Utah Ct. App. 1998). · cites it 2× “” Utah Code Ann. § 57-1-3 (1994). It is evident from review of Lott’s quitclaim deed that a conveyance of a lesser estate was not intended.”
Town of Dutch John v. Daggett Cnty., 367 F. Supp. 3d 1290 (D. Utah 2019). · cites it 2× “" Utah Code § 57-1-3. Plaintiff has shown no evidence that the Act intended for residual property conveyed by the Secretary of the Interior to the County to be a lesser estate than fee simple.”
Cutting Edge Real Est. v. Russell, 2025 UT App 168, 581 P.3d 1036. · cites it 2× “¶31 Regardless, under Utah Code section 57-1-3, “[a] fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended.”
Ashworth v. Bullock, 2013 UT App 96, 304 P.3d 74. · cites it 2× “" See Utah Code Ann. § 57-1-3 (Lexis Nexis 2010) ("A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended.”
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