DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Utah

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Utah, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/utah · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkNo preliminary notice on the State Construction Registry within 20 days of starting work, no lien.

Utah at a Glance

Topic Utah answer Where it comes from
Preliminary notice Filed with the State Construction Registry within 20 days after starting work; no notice, no lien Utah Code § 38-1a-501
Notice of construction lien Recorded within 180 days after final completion, or 90 days after a notice of completion (but not later than 180 days); a sub doing substantial work after the certificate of occupancy has 180 days after its own work Utah Code § 38-1a-502
Enforcement Suit within 180 days after recording the lien (or 90 days after a bankruptcy stay lifts), or the lien is void; a lis pendens must also be recorded in that time, or the lien is void except against parties and those with actual knowledge Utah Code § 38-1a-701
Priority Relates back to the first preliminary notice on the project Utah Code § 38-1a-503
Construction loans A construction trust deed attaches just before the first preliminary notice if earlier noticed claimants are paid in full Utah Code § 38-1a-503(2)(b)
Owner-occupied homes Those not contracting directly with the owner are barred from liening if the owner had a written contract with a licensed (or exempt) original contractor, developer or factory-built housing retailer and paid it in full Utah Code §§ 38-11-107, 38-11-204(4)(a)-(b)
Recording act Race-notice Utah Code § 57-3-103
Deed transfer tax None (no statute)
Mortgage/indebtedness tax None (no state statute)
Water rights addendum Optional addendum with deeds identifying water rights conveyed Utah Code § 57-3-109
Title premium regulation Title and Escrow Commission sets rate standards; rates filed within 30 days after they take effect Utah Code §§ 31A-2-403, 31A-19a-203, 31A-19a-209

1. Mechanic's Lien Rules

Plain English

Utah runs its lien system through the online State Construction Registry. Anyone who wants lien rights must file a preliminary notice in the registry within 20 days after starting work. A late notice protects only work done starting 5 days after it is filed, and no notice means no lien. To claim a lien, the claimant records a notice of construction lien with the county recorder within 180 days after final completion, or within 90 days after a notice of completion is filed (never more than 180 days after completion). A subcontractor that does substantial work after the certificate of occupancy or final inspection has 180 days after finishing its own work. The claimant must then sue within 180 days (or within 90 days after a bankruptcy stay lifts); if not, the lien is automatically void. It must also record a lis pendens within that time, or the lien is void except as to parties to the suit and people with actual knowledge of it. Liens relate back to the first preliminary notice filed on the project, so the registry, not the land records, tells you when lien priority started. For an owner-occupied residence, anyone who did not contract directly with the owner is barred from liening if the owner had a written contract with a licensed (or exempt) original contractor, real estate developer or factory-built housing retailer and paid it in full under that contract.

Key Rules

Preliminary notice (Utah Code § 38-1a-501). Within 20 days after starting; late notice protects work from 5 days after filing; void if filed more than 10 days after a notice of completion.

Notice of construction lien (Utah Code § 38-1a-502). 180 days after final completion, or 90 days after a notice of completion; late-work subcontractor rule in (1)(b); contents include an owner-occupied residence statement.

Enforcement (Utah Code § 38-1a-701). 180 days after recording (bankruptcy extension); no timely suit means the lien is void and the court lacks jurisdiction; no timely lis pendens means void except as to parties and those with actual knowledge.

Priority (Utah Code § 38-1a-503). Relates back to the first preliminary notice; construction trust deed rule in (2)(b).

Owner-occupied residences (Utah Code §§ 38-11-107, 38-11-204(4)). Written contract with a licensed original contractor and payment in full bar liens by those who did not contract with the owner.

Practice Points

  1. Search the State Construction Registry, not just the county records, before insuring a construction loan.
  2. Construction loans: confirm earlier noticed claimants were paid in full to use § 38-1a-503(2)(b).
  3. File a notice of completion to shorten the lien window.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Utah is a race-notice state: an unrecorded document is void against a later good-faith buyer for value whose document is recorded first. Utah has no real estate transfer tax. Deeds may include a water rights addendum identifying the water rights conveyed (or stating none are), completed and signed by the grantor and signed by the grantee to acknowledge receipt; the recorder sends it to the State Engineer. Utah permits remote notarization by a certified remote notary located in Utah, using real-time audio-video, with an electronic recording kept.

Key Rules

  • Recording act (Utah Code § 57-3-103). Race-notice.
  • Water rights addendum (Utah Code § 57-3-109). Optional; on the legislatively approved form.
  • No transfer tax. No Utah statute imposes one; recorders charge only recording fees (Utah Code § 17-71-407).
  • Remote notarization (Utah Code §§ 46-1-3.5, 46-1-3.6). Certified remote notary in Utah; audio-video; electronic recording.

Practice Points

  1. Ask about water rights on every rural deal and use the addendum.
  2. Record promptly.
  3. No transfer tax, so don't collect one.

Citations

3. Securing Future Advances

Plain English

Key Rules

  • Construction trust deeds (Utah Code § 38-1a-503(2)(b)). Attach before the first preliminary notice if earlier claimants are paid.

Practice Points

  1. Read the maximum in any credit-line trust deed.
  2. Construction draws: check the registry before each draw.
  3. HELOC payoffs: get a freeze letter.

Citations

4. Subdivision Statutes and Regulations

Plain English

Utah municipalities regulate subdivisions under the Municipal Land Use, Development, and Management Act, recodified effective Nov. 6, 2025 as Utah Code Title 10, Chapter 20 (formerly Chapter 9a); counties under the County Land Use, Development, and Management Act, now Title 17, Chapter 79 (formerly Chapter 27a). A plat may not be recorded unless the land use authority (and other designated officers) approved it in writing on the plat; a plat recorded without the required signatures is void, and a transfer under a void plat is voidable by the land use authority.

Key Rules

  • Municipal plats (Utah Code §§ 10-20-803, 10-20-804). Approval written on the plat; unsigned plat void.
  • County plats (Utah Code §§ 17-79-703, 17-79-704). Same rule for unincorporated areas.

Practice Points

  1. New lot? Get the approved, recorded plat.
  2. Townsite and patent history can matter (filed Johnson v. Moab City case).
  3. Read plat notes.

Citations

5. Title Premium Rates

Plain English

Utah has a Title and Escrow Commission within the Insurance Department: five governor-appointed members, mostly from the title industry plus one public member. The Commission can make rules setting rate standards and rating methods for title insurance, and the Commissioner decides compliance, considering costs such as title plants and records examination. A title insurer may not charge rates so low that it fails to underwrite properly. Rates are filed with the Commissioner within 30 days after they take effect.

Key Rules

  • Commission (Utah Code § 31A-2-403). Five members.
  • Title rate standards (Utah Code § 31A-19a-209). Commission rules; cost considerations; no inadequate rates.
  • Filing (Utah Code § 31A-19a-203). Within 30 days after rates are effective; no policy may be issued except under the rate filings in effect (§ 31A-19a-203(4)).

Practice Points

  1. Quote from the rates on file.
  2. No below-cost discounts.
  3. Check Commission rules for current rating methods.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Utah has no transfer tax and no mortgage tax, and is a nondisclosure state. County recorders charge a flat fee per document.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • None.

(b) Mortgage, indebtedness or intangible tax

  • None. Utah has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • Flat recording fee per document (Utah Code § 17-71-407, formerly § 17-21-18.5). $40 per instrument, plus $5 in second- to sixth-class counties unless the county's restricted recording-fee account has a balance; plats $50 per sheet plus $2 per lot or unit.

Practice Points

  1. Collect recording fees only.

Citations

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