GENERAL WARRANTY DEED
(Utah – Statutory Form with Enhanced Covenants, Recording & Compliance Provisions)
[// GUIDANCE: This template is drafted for professional use in Utah real-property conveyances. Bracketed fields must be customized. Delete all guidance comments before execution.]
Return Recorded Deed To:
[NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Tax Notice Mailing Address (Grantee):
[NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
TABLE OF CONTENTS
- Definitions
- Grant and Conveyance
- Consideration & Transfer-Tax Statement
- Grantor’s Representations & Covenants of Title
- Indemnification; Liability Cap
- Risk Allocation & Injunctive Relief
- Governing Law; Forum Selection
- Miscellaneous
- Execution & Notarial Acknowledgment
Appendix A Legal Description
Appendix B Recording Cover Sheet Checklist (Utah)
Appendix C Statutory Notary Certificate (Utah – Individual / Entity)
1. DEFINITIONS
For purposes of this Deed, the following terms have the meanings set forth below. Defined terms apply equally to singular and plural forms and to all genders.
“Claim” – Any claim, demand, cause of action, loss, liability, cost, expense, or damage, of whatever nature, arising out of or relating to the title to the Property.
“Consideration” – The sum of [$____] paid by Grantee to Grantor for the conveyance of the Property.
“Effective Date” – [DATE], the date this Deed is delivered to the County Recorder for indexing.
“Grantee” – [Full legal name; entity type; state of organization].
“Grantor” – [Full legal name; entity type; state of organization].
“Property” – The real property located in [COUNTY] County, Utah, legally described in Appendix A, together with all improvements, appurtenances, rights, easements, hereditaments, and interests thereunto belonging.
“Utah Real Estate Recording Statutes” – Collectively, all currently applicable Utah statutes and regulations governing the execution, acknowledgment, and recording of instruments affecting title to real property.
2. GRANT AND CONVEYANCE
For good and valuable Consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby GRANTS, BARGAINS, SELLS, CONVEYS, and WARRANTS unto Grantee, and to Grantee’s heirs, successors, and assigns forever, all of Grantor’s right, title, and interest in and to the Property, subject only to the Permitted Exceptions, if any, listed below:
- Real property taxes and assessments not yet due and payable;
- Easements, covenants, conditions, and restrictions of record [insert additional permitted exceptions, if any].
To HAVE AND TO HOLD the Property unto Grantee, Grantee’s heirs, successors, and assigns, in fee simple forever.
3. CONSIDERATION & TRANSFER-TAX STATEMENT
3.1 Consideration. Grantor acknowledges receipt of the Consideration.
3.2 Utah Transfer Tax. Utah imposes no statewide real-property transfer tax as of the Effective Date. Grantor and Grantee shall comply with any county-level documentary-handling fees, recording fees, and the Utah State Tax Commission Real Property Transfer Affidavit filing requirements, if applicable.
[// GUIDANCE: Confirm county-specific surcharge(s) and attach the required Real Property Transfer Tax Affidavit or equivalent cover sheet at recordation.]
4. GRANTOR’S REPRESENTATIONS & COVENANTS OF TITLE
Grantor, for Grantor and Grantor’s heirs, successors, and assigns, hereby makes the following covenants—warranties that run with the land—to Grantee:
a. Covenant of Seisin – Grantor is lawfully seized of an indefeasible estate in fee simple in and to the Property.
b. Covenant of Right to Convey – Grantor has full power and lawful authority to convey the Property.
c. Covenant Against Encumbrances – The Property is free from all encumbrances except the Permitted Exceptions.
d. Covenant of Quiet Enjoyment – Grantee shall quietly and peaceably hold and enjoy the Property without disturbance by Grantor or any person claiming through Grantor.
e. Covenant of Warranty – Grantor will warrant and defend title to the Property against the lawful claims of all persons whomsoever.
f. Covenant of Further Assurances – Grantor will execute and deliver such further documents and take such further actions as may reasonably be required to perfect the conveyance and protect Grantee’s title.
All warranties in this Section 4 survive delivery of this Deed.
5. INDEMNIFICATION; LIABILITY CAP
5.1 Indemnity. Grantor shall indemnify, defend, and hold harmless Grantee from and against any Claim arising out of a breach of Grantor’s covenants set forth in Section 4.
5.2 Liability Cap. Grantor’s aggregate liability under this Deed—whether for breach of covenant, indemnification, or otherwise—shall not exceed the amount of the Consideration actually paid. The cap does not apply to (i) Grantor’s fraud or intentional misconduct, or (ii) equitable remedies available to quiet title.
6. RISK ALLOCATION & INJUNCTIVE RELIEF
Nothing in this Deed limits Grantee’s right to seek specific performance or quiet-title relief to enforce Grantor’s covenants. The availability of such injunctive relief is expressly preserved.
7. GOVERNING LAW; FORUM SELECTION
This Deed and any dispute arising hereunder shall be governed by the laws of the State of Utah (without regard to conflict-of-law principles). Exclusive venue shall lie in the state courts located in the county where the Property is situated. Arbitration is expressly excluded, and the parties do not waive the right to a jury trial.
8. MISCELLANEOUS
8.1 Binding Effect. This Deed binds and inures to the benefit of Grantor and Grantee and their respective heirs, successors, and assigns.
8.2 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written or oral agreements.
8.3 Amendments. Any amendment to this Deed must be in writing and recorded in the office of the appropriate County Recorder.
8.4 Severability. If any provision of this Deed is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means shall be deemed original for all purposes, provided the executed counterpart is subsequently submitted for recording with original notarial acknowledgment as required by Utah law.
9. EXECUTION & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
By: _______
Name: [AUTHORIZED SIGNATORY]
Title: [TITLE]
GRANTEE (acknowledgment of receipt only – signature optional for recording):
[GRANTEE NAME]
By: _______
Name: [AUTHORIZED SIGNATORY]
Title: [TITLE]
(Signatures continue on the next page)
NOTARY ACKNOWLEDGMENT
(Utah Statutory Short Form – Individual)
State of Utah )
) ss.
County of __ )
On this ___ day of _, 20, before me, ____, a Notary Public in and for said State, personally appeared ______, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same for the purposes therein contained.
Witness my hand and official seal.
Notary Public
My Commission Expires: _____
(Notarial Seal)
[// GUIDANCE: Replace with the entity-acknowledgment form in Appendix C when Grantor or Grantee is other than a natural person.]
APPENDIX A
LEGAL DESCRIPTION
[Insert full metes-and-bounds description or subdivision lot/block description here]
APPENDIX B
RECORDING COVER SHEET CHECKLIST (Utah)
- Deed must include the name and mailing address of the “Tax Notice Recipient.”
- Deed must recite a return-address for the recorded document.
- Original signatures required; names must be printed beneath signatures.
- Notary acknowledgment must include:
• Jurisdiction (state & county)
• Date of notarization
• Name(s) of person(s) acknowledged
• Notary’s signature, printed name, seal, and commission expiration - Attach county-specific Real Property Transfer Tax Affidavit (if required).
- Submit appropriate recording fee (verify current schedule with County Recorder).
APPENDIX C
NOTARY CERTIFICATE – ENTITY GRANTOR (Utah)
State of Utah )
) ss.
County of __ )
On this ___ day of _, 20, before me, ___, a Notary Public in and for said State, personally appeared ___, who, being by me duly sworn (or affirmed), did say that he/she is the __ (title) of ______ (name of entity), and that said instrument was signed on behalf of said entity by authority of its governing documents or resolution, and he/she acknowledged to me that the entity executed the same.
Notary Public
My Commission Expires: _____
(Notarial Seal)
[// GUIDANCE: Verify the latest statutory wording before finalization; current Utah law allows short-form acknowledgments for entities similar to the above.]
END OF DOCUMENT