57-9-1. What constitutes marketable record title. Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for 40 years or more, shall be deemed to have a marketable record title to such interest as defined in Section 57-9-8, subject […]
57-9-10. Extension of limitation period. If the forty-year period specified in this act shall have expired prior to two years after the effective date of this act, such period shall be extended two years after the effective date of this act. Enacted by Chapter 109, 1963 General Session
57-9-2. Rights and interests to which marketable record title is subject. The marketable record title is subject to: (1) all interests and defects which are inherent in the muniments of which such chain of record title is formed, except that a general reference in the muniments or any of them, to easements, use restrictions, or […]
57-9-3. Marketable record title held free and clear of interests, claims, and charges. Subject to Sections 57-9-2 and 57-9-6: (1) the marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges, whatsoever, the existence of which […]
57-9-4. Filing of notice of claim of interest authorized — Effect of possession of land by record owner of possessory interest. (1) Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the forty-year period immediately following the effective date of the root of title of […]
57-9-5. Notice of claim of interest — Contents — Filing for record. In order to be effective and to be recorded, the notice required by Section 57-9-4 shall contain a legal description of all land affected by the notice. If the claim is founded upon a recorded instrument, then the description in the notice may […]
57-9-6. Applicability of provisions. This chapter may not be applied to: (1) bar a lessor or the lessor’s successor as a reversioner of the right to possession on the expiration of any lease; (2) extinguish any right, title, or interest created or held for any pipeline, highway, railroad or public utility purpose; (3) extinguish an […]
57-9-7. Existing statutes of limitations and recording statutes not affected. Nothing contained in this act shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as herein specifically provided, to affect the operation of any statutes […]
57-9-8. Definitions. As used in this act: (1) The words “marketable record title” mean a title of record as indicated in Section 57-9-1, which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in Section 57-9-3. (2) The word “records” includes probate and […]
57-9-9. Legislative purpose and construction. This act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in Section 57-9-1 of this act, subject only to such limitations as appear in Section 57-9-2 of this act. […]
