Utah Code » Title 57, Chapter 9 — Marketable Record Title
Utah Code

Utah Code § 57-9-4 (2026)

Filing of notice of claim of interest authorized -- Effect of possession of land by record owner of possessory interest

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Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of the forty-year period. The notice may be filed for record by the claimant or by any other person acting in behalf of any claimant who is:
under a disability;
unable to assert a claim on the claimant's own behalf; or
one of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.
If the same record owner of any possessory interest in land has been in possession of such land continuously for a period of 40 years or more, during which period no title transaction with respect to such interest appears of record in the record owner's chain of title, and no notice has been filed by the record owner or on the record owner's behalf as provided in Subsection (1), and such possession continues to the time when marketability is being determined, such period of possession shall be deemed equivalent to the filing of the notice immediately preceding the termination of the forty-year period described in Subsection (1).

Amended by Chapter 365, 2024 General Session

Notes of Decisions
Cited in 8 cases, 1973–2018 · leading case: Russell v. Thomas, 2000 UT App 82, 999 P.2d 1244.
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Russell v. Thomas, 2000 UT App 82, 999 P.2d 1244. · cites it 20× “” ¶ 7 Defendants appeal. ISSUE AND STANDARD OF REVIEW ¶ 8 The issue for our review is whether defendants’ Notice of Interest, which defendants later claimed was filed pursuant to Utah Code Ann.”
Morris v. Off-Piste Capital LLC, 2018 UT App 7, 418 P.3d 66. · cites it 6× “A notice of interest has a different purpose from a deed or an assignment and the Utah Code reflects that fact.”
Pratt v. Pugh, 2010 UT App 219, 238 P.3d 1073. · cites it 4× “3d 458 (citing Utah Code Ann. § 57-9-4 (1)). We affirmed the trial court's ruling on the ground that without the wife's signature the REPC could not convey an interest in the entire property to Centennial and, therefore, "Centennial's lien recorded against the entire parcel…”
Centennial Inv. Co. v. Nuttall, 2007 UT App 321, 171 P.3d 458. · cites it 2× “The Marketable Record Title Act states: Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the forty-year *462 period immediately following the effective date of the root of title of the person whose record title…”
Olsen v. Park Daughters Inv. Co., 511 P.2d 145 (Utah 1973). · cites it 2× “Section 57-9-2(2) excepts from the operation of the Act interests in land based upon possession by the owner continuously for a period of 40 years, and refers to Section 57-9-4. The latter likewise recognizes the possession of land for a long period (40 years or more) as being…”
In the Matter of Est. of Myers, 2009 UT App 180, 214 P.3d 115. · cites it 2× “The Utah Code specifically provides that "[aluy person claiming an interest in land may preserve and keep effective such interest by filing [a notice of interest]," Utah Code Ann. § 57-9-4 (1) (2000), and we do not see that this or any other section limits the filing of notices…”
Kappos v. State, Dep't of Transp., 2011 UT App 320, 263 P.3d 1180. · cites it 2× “See Utah Code Ann. § 57-9-4 (2010) ("Any person claiming an interest in land may preserve and keep effective such interest by filing [a notice of interest].”
State ex rel. Road Comm'n v. Cox Corp., 506 P.2d 54 (Utah 1973). · cites it 4× “Section 57-9-2 so far as material provides : The marketable record title shall be subject to: * * * * * * *129 (2) All interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of forty years or more, in accordance with…”
Utah Code § 57-9-4(1): 3 cases
Russell v. Thomas, 2000 UT App 82, 999 P.2d 1244. “” ¶ 7 Defendants appeal. ISSUE AND STANDARD OF REVIEW ¶ 8 The issue for our review is whether defendants’ Notice of Interest, which defendants later claimed was filed pursuant to Utah Code Ann.”
Centennial Inv. Co. v. Nuttall, 2007 UT App 321, 171 P.3d 458. “The Marketable Record Title Act states: Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the forty-year *462 period immediately following the effective date of the root of title of the person whose record title…”
Pratt v. Pugh, 2010 UT App 219, 238 P.3d 1073. “3d 458 (citing Utah Code Ann. § 57-9-4 (1)). We affirmed the trial court's ruling on the ground that without the wife's signature the REPC could not convey an interest in the entire property to Centennial and, therefore, "Centennial's lien recorded against the entire parcel…”
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