Utah Code » Title 57, Chapter 3 — Recording of Documents; part 57-3-1 — General Provisions
Utah Code

Utah Code § 57-3-103 (2026)

Effect of failure to record

✓ current as of May 2026
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Each document not recorded as provided in this title is void as against any subsequent purchaser of the same real property, or any portion of it, if:

the subsequent purchaser purchased the property in good faith and for a valuable consideration; and
the subsequent purchaser's document is first duly recorded.
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1999–2025 · leading case: Fed. Deposit Ins. Corp.v. Taylor, 267 P.3d 949 (Utah Ct. App. 2011).
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Fed. Deposit Ins. Corp.v. Taylor, 267 P.3d 949 (Utah Ct. App. 2011). · cites it 13× “3d 171 (citing Utah Code Ann. § 57-3-103 (2010). There is no dispute that Taylor recorded his 9/6/06 TD before McDonald executed the special warranty deed that conveyed actual title from G&L Mac to McDonald personally.”
Pioneer Builders Co. of Nevada v. K D A Corp., 292 P.3d 672 (Utah 2012). · cites it 10× “INTRODUCTION 11 This case requires us to consider what constitutes constructive notice of unrecorded interests in real property under section 57-3-103 of the Utah Code (Recording Statute).”
Salt Lake Cnty. v. Metro West Ready Mix, Inc., 2004 UT 23 (Utah 2004). · cites it 6× “Metro West filed a motion for summary judgment, arguing that it possessed legal ownership of the Property because (1) it was a bona fide purchaser under Utah’s Recording Statute, see Utah Code Ann. § 57-3-103 (2000); (2) it had adversely possessed the Property under Utah’s…”
Harman v. 105 Partners, 2024 UT App 109 (Utah Ct. App. 2024). · cites it 8× “Utah Code § 57-3-103. Put differently, “where two purchasers claim title to real property, the subsequent purchaser prevails only so long as he took the property in good faith and was the first to record his interest.”
Morris v. Off-Piste Capital LLC, 2018 UT App 7 (Utah Ct. App. 2018). · cites it 5× “" Utah Code Ann. § 57-3-103 (LexisNexis 2010).”
Young Res. Ltd. P'ship v. Promontory Landfill LLC, 2018 UT App 99 (Utah Ct. App. 2018). · cites it 2× “Claim 3 seeks a declaratory judgment that Promontory Landfill was not a bona fide purchaser under Utah Code section 57-3-103(1) and is therefore subject to the right of reverter anticipated by the Amended Operating Agreement.”
Johnson v. Higley, 1999 UT App 278 (Utah Ct. App. 1999). · cites it 4× “Utah Code Ann. § 57-3-103 (Supp.1998). 10 .”
Lavender v. FCOI Preserve, 2025 UT App 47 (Utah Ct. App. 2025). · cites it 4× ““A bona fide purchaser is one who pays valuable consideration for a conveyance, acts in good faith, and takes without notice of an adverse claim or others’ outstanding rights to the seller’s title.”
Insight Assets, Inc. v. Farias, 2013 UT 47 (Utah 2013). “Urax Cope § 57-3-103. 19 . Mawhinney v. Jensen, 120 Utah 142 , 232 P.”
Haik v. Sandy City, 2011 UT 26 (Utah 2011). “§ 57-3-103 (Supp.2010) (emphases added). Utah's Water and Irrigation Act provides: Every deed of a water right which shall not be recorded as provided in this title shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same…”
Dunlap v. Stichting Mayflower Mountain Fonds, 76 P.3d 711 (Utah Ct. App. 2003). · cites it 2× “- Utah Code Ann. § 57-3-103 (2000) states: Each document not recorded as provided in this title is void as against any subsequent purchaser of the same real property, or any portion of it, if: (1) the subsequent purchaser purchased the property in good faith and for a valuable…”
Salt Lake Cnty. v. Metro West Ready Mix, Inc., 2002 UT App 257 (Utah Ct. App. 2002). · cites it 2× “Although the plain language of section 57-3-103 does not specifically require that the subsequent purchaser take title without notice of prior conveyances, Utah courts have included this element as inherent in the good faith requirement.”
Show all 13 citing cases →
Utah Code § 57-3-103(1): 3 cases
Young Res. Ltd. P'ship v. Promontory Landfill LLC, 2018 UT App 99 (Utah Ct. App. 2018). “Claim 3 seeks a declaratory judgment that Promontory Landfill was not a bona fide purchaser under Utah Code section 57-3-103(1) and is therefore subject to the right of reverter anticipated by the Amended Operating Agreement.”
Pioneer Builders Co. of Nevada v. K D A Corp., 292 P.3d 672 (Utah 2012). “INTRODUCTION 11 This case requires us to consider what constitutes constructive notice of unrecorded interests in real property under section 57-3-103 of the Utah Code (Recording Statute).”
Morris v. Off-Piste Capital LLC, 2018 UT App 7 (Utah Ct. App. 2018). “" Utah Code Ann. § 57-3-103 (LexisNexis 2010).”
Utah Code § 57-3-103(2): 1 case
Pioneer Builders Co. of Nevada v. K D A Corp., 292 P.3d 672 (Utah 2012). “INTRODUCTION 11 This case requires us to consider what constitutes constructive notice of unrecorded interests in real property under section 57-3-103 of the Utah Code (Recording Statute).”
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