Escrow & Title
Utah follows a race-notice recording statute. A subsequent purchaser is protected if they:
ARecord their deed before a prior purchaser regardless of notice
BRecord first AND had no notice of the prior conveyance at the time of purchase✓ Correct
CPurchase the property before the prior purchaser, regardless of recording
DHave actual notice but record before the prior purchaser
Explanation
Under Utah's race-notice statute, a subsequent purchaser takes priority if they record first AND had no actual or constructive notice of the prior conveyance at the time of their purchase.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Title InsuranceInsurance protecting against financial loss from defects in a property's title that existed before closing but were unknown at the time of purchase.
Option ContractA contract giving the buyer the right, but not the obligation, to purchase a property at a specified price within a specified time period.
EasementA non-possessory right to use another person's land for a specific purpose.
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