Deeds/Affidavits
Deeds
The County Recorders Office does not prepare documents. However, For those preparing deeds transferring title to property, we offer the following tips for successful deeds.
1) Any deed must contain a current mailing address for the party receiving the property.
2) All names of all parties transferring the property (Grantors) listed in the grantors section, the signature block and the notary block must match exactly the way they hold title to the property. If the Grantor is a trust, the deed must give the Trustee’s name as well as the full name and date of the trust exactly as title is held. (EXAMPLE: John Q. Jones, Trustee of the Jones Family Living Trust dated April 15, 1985.) Information as to the exact names of record is available at the Recorder’s office.
3a) If the Grantee is to be Two or more individuals, make sure the Tenancy is correct as desired. (See the Frequently asked Questions section for more on tenancy)
3b) If the Grantee is to be a trust, One or more Trustees must be named, as well as the full name and date of the trust. (See the Example in #2 above)
3c) If the Grantee desires to combine the parcel being deeded with additional property already held, make sure the grantees names and tenancy exactly match those on the currently held property. Also, the deed must clearly state that combination is required.
4) A legal consideration must be given, usually $10.
5) A Complete legal description for all property being conveyed must be included. Note that the description given on the annual tax notice is not complete and should not be used.
6) All Grantors must sign the deed exactly as they hold the title including trustee if they so hold title. If title is held by an entity, (Corporation, partnership, etc) The signers must indicate the capacity in which they sign (i.e. general partner, president, etc) .
7) All Signatures must be notarized with a properly filled out notary block of the correct type (Corporate, individual, trustee, etc) and the block must be signed and sealed with original signatures and seals. The notary should again, specify the capacity under which the signers sign the document. If a notary is notarizing the re-signing of a document for re-recording, this should be done with an additional notary block rather than a re-use of the existing block.
Affidavits
In Layman’s terms, an affidavit is simply a statement by an individual that something is true. The county Recorders office generally deals with two types of affidavits. The Affidavit of Survivorship which is used to pass on title to property under joint tenancy, and the Affidavit of Correction which is used to correct minor errors on other documents. Patrons are urged to contact legal professionals if they have questions concerning the use of Affidavits.
The Affidavit of Survivorship or Affidavit of Identity, as it is sometimes known is used to pass title to property that has been held as joint tenants to the survivor after the death of one joint tenant. (See More about Tenancy in the Frequently asked Questions section) Its use is governed by (Section 57-1-5.1 of the Utah code).
The Affidavit Of Correction may be used to correct minor typographic, or other errors to a previously recorded document. They are not meant to be used for major amendments or corrections such as changing the property affected by a document, adding or deleting the Grantees or changing the terms of a document. Major changes of this nature should be accomplished by re-recording the document or preparing and recording additional deeds.
Recording Block
This must appear in the upper right corner on the first page of each document recorded. Spaces must be large enough for recording information. A suggested size is 2 1/2″ by 4″.
