57-4a-4 - Presumptions.
57-4a-4. Presumptions.
(1) A recorded document creates the following presumptions regarding title to the realproperty affected:
(a) the document is genuine and was executed voluntarily by the person purporting toexecute it;
(b) the person executing the document and the person on whose behalf it is executed arethe persons they purport to be;
(c) the person executing the document was neither incompetent nor a minor at anyrelevant time;
(d) delivery occurred notwithstanding any lapse of time between dates on the documentand the date of recording;
(e) any necessary consideration was given;
(f) the grantee, transferee, or beneficiary of an interest created or described by thedocument acted in good faith at all relevant times;
(g) a person executing a document as an agent, attorney in fact, officer of anorganization, or in a fiduciary or official capacity:
(i) held the position he purported to hold and acted within the scope of his authority;
(ii) in the case of an officer of an organization, was authorized under all applicable lawsto act on behalf of the organization; and
(iii) in the case of an agent, his agency was not revoked, and he acted for a principal whowas neither incompetent nor a minor at any relevant time;
(h) a person executing the document as an individual:
(i) was unmarried on the effective date of the document; or
(ii) if it otherwise appears from the document that the person was married on the effectivedate of the document, the grantee was a bona fide purchaser and the grantor received adequateand full consideration in money or money's worth so that the joinder of the nonexecuting spousewas not required under Sections 75-2-201 through 75-2-207;
(i) if the document purports to be executed pursuant to or to be a final determination in ajudicial or administrative proceeding, or to be executed pursuant to a power of eminent domain,the court, official body, or condemnor acted within its jurisdiction and all steps required for theexecution of the document were taken; and
(j) recitals and other statements of fact in a document, including without limitationrecitals concerning mergers or name changes of organizations, are true.
(2) The presumptions stated in Subsection (1) arise even though the document purportsonly to release a claim or to convey any right, title, or interest of the person executing it or theperson on whose behalf it is executed.
Amended by Chapter 88, 1989 General Session