The Utah warranty deed is a form of deed that provides an unlimited warranty of title. It makes an absolute guarantee that the current owner has good title to the property. The warranty is not limited to the time that the current owner owned the property. This means that the current owner could be legally responsible for title issues that arose before the current owner acquired the property. In Utah, warranty deeds are often used:
Special language is required to ensure that the deed qualifies as a warranty deed. This language is automatically included by our deed preparation service and valid in all Utah counties.
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.
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.
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:
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.
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.