Section 816 – Recitals when title to real property is in trust — Failure.

• (1) When title to real property is granted to a person as trustee, the terms of the trust may be given either:
  • (a) in the deed of transfer; or
  • (b) in an instrument signed by the grantor and recorded in the same office as the grant to the trustee.

• (2) If the terms of the trust are not made public as required in Subsection (1), a conveyance from the trustee is absolute in favor of purchasers for value who take the property without notice of the terms of the trust.

• (3) The terms of the trust recited in the deed of transfer or the instrument recorded under Subsection (1)(b) shall include:
  • (a) the name of the trustee;
  • (b) the address of the trustee; and
  • (c) the name and date of the trust.

• (4) Any real property titled in a trust which has a restriction on transfer described in Section 25-6-502 shall include in the title the words “asset protection trust.”

Amended by Chapter 204, 2017 General Session