Utah Warranty Deed

What Is a Utah Warranty Deed?

A Utah warranty deed transfers Utah real estate with statutory warranty covenants. Utah's statutory warranty form includes covenants that the grantor is seized of the property, has the right to convey, will provide quiet possession, the property is free from encumbrances, and the grantor will warrant and defend title against lawful claims.

When to Use a Warranty Deed in Utah

• Buying or selling Utah real estate when warranty-deed protection is intended.
• Working with a buyer, lender, title company, or title insurer that expects warranty covenants.
• Using the Utah deed path when the grantor is willing to provide statutory warranty protection rather than a no-warranty quitclaim transfer.

Utah Requirements for Warranty Deeds

• Signing: The grantor signs the deed. If property was recorded as a homestead before the deed, Utah law can require both spouses to join in the conveyance.
• Notarization: The grantor's signature must be acknowledged before a notary or other authorized officer before recording.
• Witnesses: Utah does not require witnesses for ordinary acknowledged deeds.
• Recording: Record the deed with the County Recorder in the county where the property is located.
• Transfer Tax / Recording Fees: Utah has no state or local real-property transfer tax. County recording fees apply and should be confirmed with the County Recorder.
• Water Rights Addendum: Utah provides a Water Rights Addendum for many fee-title and water-right deeds. Use it or confirm with the County Recorder or title company, especially if water rights are involved.
• Co-Owner Vesting: For deeds dated on or after May 1, 2024, a Utah conveyance to two or more persons in their own right generally presumes joint tenancy with right of survivorship unless the deed states otherwise.
• Legal Description: Use the full legal description from a prior deed, title commitment, survey, or other reliable title source. A street address or parcel number alone is usually not enough.

Warranty Deed vs Quitclaim Deed in Utah

A Utah warranty deed provides statutory warranty covenants. A quitclaim deed transfers only the grantor's current interest, if any, without deed warranties. Utah also recognizes a statutory special warranty deed for grantor-period-only warranty situations, but the inactive Utah “grant deed” row should not be treated as a Utah statutory deed category.