Utah Code
Utah Code § 57-9-1 (2026)
What constitutes marketable record title
✓ current as of May 2026
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Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for 40 years or more, shall be deemed to have a marketable record title to such interest as defined in Section
57-9-8
, subject only to the matters stated in Section
57-9-2
. A person shall be deemed to have such an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than 40 years at the time the marketability is to be determined, which said conveyance or other title transaction purports to create such interest, either in
the person claiming such interest or
some other person from whom, by one or more conveyances or other title transactions of record, such purported interest has become vested in the person claiming such interest: with nothing appearing of record, in either case, purporting to divest such claimant of such purported interest.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1973–2022 · leading case: Marchant v. Park City, 788 P.2d 520 (Utah 1990).
Marchant v. Park City, 788 P.2d 520 (Utah 1990). “1 (1987), even if the tax deed language was ambiguous? (2) Did plaintiffs’ predecessors obtain title to the real property by adverse possession? (3) Does the Utah Marketable Record Title Act, Utah Code Ann. § 57-9-1 to -10 establish title in plaintiffs? (4) Did plaintiffs’…”
Olsen v. Park Daughters Inv. Co., 511 P.2d 145 (Utah 1973). “2 Plaintiffs place reliance on the Marketable Record Title Act, Chapter 109, Laws of Utah 1963, now included in our code as Sections 57-9-1 et seq. through 57-9-10. Section 57-9-1 states: Any person .”
Healy Ranch v. Healy, 2022 S.D. 43 (S.D. 2022). “§ 58-3406 (describing the time limit to submit a claim as “during the twenty-five-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable”); Utah Code Ann. §§ 57-9-1 , -2 (providing the same 40-year…”
Russell v. Thomas, 999 P.2d 1244 (Utah Ct. App. 2000). “See Utah Code Ann. §§ 57-9-1 to -10 (1994 & Supp.”
Marchant v. Park City, 771 P.2d 677 (Utah Ct. App. 1989). “In addition, they claim title under the Marketable Record Title Act, Utah Code Ann. § 57-9-1 through -10 (1986), commencing with the 1917 quit claim deed as the “root” of title.”
Pratt v. Pugh, 2010 UT App 219 (Utah Ct. App. 2010). “This court assumed for purposes *1078 of argument that the relevant statute was Utah Code section 57-9-4(1) of the Marketable Record Title Act, Utah Code Ann. §§ 57-9-1 to -10 (2000). That statute provides that any person claiming an interest in property may file a notice to…”
Centennial Inv. Co. v. Nuttall, 2007 UT App 321 (Utah Ct. App. 2007). “§§ 57-9-1 to -10 (2000), allowing for a notice of interest under certain circumstances is relevant, we hold that the notice of interest filed by Centennial was not authorized by that statute and was therefore not exempt from the definition of a wrongful lien.”
Drazich v. Lasson, 964 P.2d 324 (Utah Ct. App. 1998). “See Utah Code Ann. §§ 57-9-1 to -10 (1994 & Supp.”
Boise Cascade Corp. v. Union Pac. R.R., 454 F. Supp. 531 (D. Utah 1978). “§§ 57-9-1 to 9) constitutes a bar to defendants’ claim to the property; and that plaintiff is a bona fide occupying claimant entitled to the benefits of Utah Code Ann.”
State ex rel. Road Comm'n v. Cox Corp., 506 P.2d 54 (Utah 1973). “It relies upon that part of Section 57-9-1, U.C.A.1953 (Replacement Vol.”
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