Special Warranty Deed

SPECIAL WARRANTY DEED

State of Utah

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

Pursuant to Utah Code Section 57-1-12.5

KNOW ALL PERSONS BY THESE PRESENTS:

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married man/woman dealing with his/her sole and separate property
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married man/woman as his/her sole and separate property
☐ Husband and wife, as joint tenants with full rights of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with full rights of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause (Statutory Form per Utah Code 57-1-12.5)

[GRANTOR NAME], Grantor, of [CITY], County of [COUNTY], State of Utah, hereby CONVEYS AND WARRANTS AGAINST ALL CLAIMING BY, THROUGH, OR UNDER THE GRANTOR to [GRANTEE NAME], Grantee, of [CITY], County of [COUNTY], State of [STATE], for the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration, the following described tract of land in [COUNTY] County, State of Utah:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

also known by street and number as: _____________________________________________

Tax Serial/Parcel Number: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Statutory Special Warranty (Utah Code 57-1-12.5)

Pursuant to Utah Code Section 57-1-12.5, this Special Warranty Deed conveys the property with the warranty that the property is "free from all encumbrances made by that grantor" (Utah Code 57-1-12(2)(b)).

Section 3.2 Effect of Special Warranty Deed

A special warranty deed when executed as required by law shall have the effect of:

(a) A conveyance in fee simple to the grantee, the grantee's heirs, and assigns;

(b) A covenant from the grantor that the property is free from all encumbrances made by that grantor;

(c) A warranty from the grantor to defend the title against all persons claiming by, through, or under the grantor, but not against any other persons.

Section 3.3 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED pursuant to Utah Code Section 57-1-12.5. The warranties contained herein are LIMITED to claims arising by, through, or under the Grantor. This deed does NOT contain full warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property or from sources other than the Grantor.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• Utah Code 57-1-12.5 (Form of special warranty deed - Effect)
• Utah Code 57-1-12 (Form of warranty deed - Effect)
• Utah Code 57-3-102 (Recording requirements)
• Utah Code 57-3-103 (Effect of recording)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Homestead Waiver (if applicable)

☐ Not applicable
☐ Grantor(s) hereby release and waive any and all homestead rights in and to the above-described property.

Section 5.2 Water Rights (if applicable)

☐ All water rights appurtenant to the property are conveyed herewith
☐ Water rights are specifically excluded from this conveyance
☐ No water rights are appurtenant to the property

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

WITNESS the hand of said Grantor(s) this _____ day of _________________, 20_____.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Utah Acknowledgment (Individual)

STATE OF UTAH
COUNTY OF _________________

On the _____ day of _________________, 20_____, personally appeared before me _____________________________________________, the signer(s) of the above instrument, who duly acknowledged to me that he/she/they executed the same.

_____________________________________________
Notary Public

Residing at: _____________________________________________

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Utah Acknowledgment (Entity)

STATE OF UTAH
COUNTY OF _________________

On the _____ day of _________________, 20_____, personally appeared before me _________________________, who being by me duly sworn, did say that he/she is the _________________________ [title] of _________________________ [entity name], and that said instrument was signed in behalf of said entity by authority of its bylaws/operating agreement/resolution, and said _________________________ acknowledged to me that said entity executed the same.

_____________________________________________
Notary Public

Residing at: _____________________________________________

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On the _____ day of _________________, 20_____, personally appeared before me:

_____________________________________________

the signer(s) of the above instrument, who duly acknowledged to me that he/she/they executed the same.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Utah

Tax Serial/Parcel Number: _____________________________________________

UTAH RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Note: Contact the specific county recorder's office for current fee schedules.

Transfer Tax

Utah does NOT impose a state real estate transfer tax.

This makes Utah one of the most affordable states for property transfers compared to neighboring states like Colorado and Nevada.

Security Instruments

Utah uses trust deeds rather than mortgages as the primary security instrument for real estate loans.

Recording Priority (Utah Code 57-3-102, 57-3-103)

Each document not recorded is void as against a subsequent document first duly recorded. Utah follows a race-notice recording system.

Important Legal Notes

1. No Transfer Tax: Utah is one of the states without a real estate transfer tax.

2. Trust Deeds: Utah primarily uses trust deeds (deeds of trust) rather than mortgages.

3. Constructive Notice: Recording provides constructive notice of the conveyance.

4. Priority: The first to record generally has priority (race-notice state).

5. Statutory Form: This deed follows the statutory form under Utah Code 57-1-12.5.

6. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this deed.

7. Legal Counsel: Consultation with a licensed Utah attorney is recommended.

8. Buyer Pays Recording: In Utah, the buyer typically pays to record the deed and mortgage, while the seller pays to record documents removing encumbrances.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Utah attorney before using this form.