57-9-8 - Definitions. - Utah Statutes

57-9-8. Definitions.
As used in this act:
(1) The words "marketable record title" mean a title of record as indicated in Section57-9-1, which operates to extinguish such interests and claims, existing prior to the effective dateof the root of title, as are stated in Section 57-9-3.
(2) The word "records" includes probate and other official public records, as well asrecords in the registry of deeds.
(3) The word "recording," when applied to the official public records of a probate orother court, includes filing.
(4) The words "person dealing with land" include a purchaser of any estate or interesttherein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other personseeking to acquire an estate or interest therein, or impose a lien thereon.
(5) The words "root of title" mean that conveyance or other title transaction in the chainof title of a person, purporting to create the interest claimed by such person, upon which he reliesas a basis for the marketability of his title, and which was the most recent to be recorded as of adate 40 years prior to the time when marketability is being determined. The effective date of the"root of title" is the date on which it is recorded.
(6) The words "title transaction" mean any transaction affecting title to any interest inland, including title by will or descent, title by tax deed, or by trustee's, referee's, guardian's,executor's, administrator's, master in chancery's, or sheriff's deed, or decree of any court, as wellas warranty deed, quitclaim deed, or mortgage.

Enacted by Chapter 109, 1963 General Session