Utah Warranty Deed Form

What is a Utah Warranty Deed?

A Utah warranty deed form (sometimes called a general warranty deed) allows the current owner (grantor) to transfer property to a new owner (grantee) with a full warranty of title that covers all title issues. Even if the title issues arose before the grantor owned the property, the grantor may still be legally responsible for breaching the warranty of title.

Other Names for Utah Warranty Deeds

A Utah warranty deed form is often called a general warranty deed. The inclusion of the word “general” distinguishes the deed from a “special” warranty deed form, which provides a different warranty of title.

Relationship of Utah Warranty Deed Form to Warranty of Title

A Utah warranty deed is authorized by Utah Code § 57-1-12(1). That section defines the warranty of title that the deed provides. A grantor that signs a warranty deed promises that:

• The grantor owns and has the right to possess the property;
• The grantor has the right to convey the property;
• That the grantee will have undisturbed (quiet) possession of the property;
• That the property is free of all “encumbrances” (liens, mortgages, etc.) other than those disclosed in the deed; and
• That the grantor will defend the title to the property “against all lawful claims whatsoever.”

The last phrase (“against all lawful claims whatsoever”) gives the broad warranty of title that is characteristic of a warranty deed. The grantor promises to defend the title to the property against all title issues, not just title issues relating to the grantor’s ownership of the property.

The broad warranty of title provided by a Utah warranty deed form distinguishes it from two other Utah deed forms with different warranties of title:

1. Utah Special Warranty Deed Form – Provides a warranty of title that is limited to the time that the grantor owned the property. The grantor is not responsible for title issues that relate to the time before the grantor owned the property.
2. Utah Quitclaim Deed Form – Provides no warranty of title. For a quitclaim deed, the grantor is not responsible for failure to convey clear title to the property.

A Utah warranty deed is also different from two other deed types—Utah life estate deeds and Utah TOD deeds—that are named after their estate planning use as a tool for avoiding probate.

Key Term: Warranty of Title. Title issues can be caused by many things, including errors in the public record, unknown liens against the property, undisclosed prior conveyances, forged deeds, missing heirs or unprobated wills, or disputes about boundary lines or surveys. Title issues often require legal action to fix and can decrease the value of real estate. If the property has no title issues, it is said to have clear title. A warranty of title is a legal guarantee from the transferor to the transferee that there are no title issues. If a deed makes a warranty of title, the transferee can sue the transferor over any title issues.

Common Uses of General Warranty Deeds

A Utah general warranty deed form provides the most protection for the grantee and, conversely, places the most risk on the grantor. Most grantors are unwilling to assume that risk unless they are being compensated for the property. For that reason, warranty deeds are most often used in sale transactions. Even in the sale context, the parties will usually purchase a title insurance policy to shift the risk from the grantor to a title insurance company.

How to Create a Utah General Warranty Deed

Each state has different laws that must be satisfied for a deed to be valid. A Utah warranty deed must meet the requirements that apply to other Utah deed forms. These requirements include a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title, font size and page format requirements, and signature and notarization requirements.

To qualify as a warranty deed, the deed must also meet the requirements of the Utah Code, including Utah Code § 57-1-12(1). Although the language of the statute is more permissive than mandatory, it is best to track the statutory language when possible.

Regardless of whether the statutory language is followed verbatim, the vesting and warranty language must be carefully drafted to ensure that the deed conveys the full warranty of title that is characteristic of a warranty deed. Even minor differences in language can result in a different warranty or create ambiguity that takes legal action to resolve. Each deed created by our online deed preparation service was attorney-designed to meet the requirements of Utah law and be eligible for recording in all Utah counties.