Utah · Code §§57-1-12–57-1-13, 57-3-103Utah deeds: warranty, special warranty and quitclaim – and recording first

Utah's Code gives short statutory forms, and the operative words decide what the seller promises. A warranty deed – the grantor "conveys and warrants" – conveys fee simple with covenants that the grantor lawfully owns fee simple title and has the right to immediate possession, has good right to convey, guarantees the buyer's quiet possession, that the premises are free from all encumbrances, and that the grantor will forever warrant and defend the title against all lawful claims; any exceptions are inserted after the legal description (Utah Code §57-1-12). A special warranty deed – "conveys and warrants against all who claim by, through, or under the grantor" – promises only that the property is free from encumbrances made by that grantor and defends the title against claims of the grantor and those claiming through the grantor (§57-1-12.5). A quitclaim deed conveys all of the grantor's right, title, interest and estate as of the date of the conveyance, with no warranties (§57-1-13). A document with a signed certificate of acknowledgment is entitled to be recorded with the recorder of the county where the property is (§57-3-101), and an unrecorded document is void against a later purchaser who buys in good faith for value and records first (§57-3-103). Which deed a sale uses is set by the purchase contract, so the TC's part is to check that the draft deed matches it and that recording is confirmed after closing.