Recorder's Guide for Dealing with Affidavits and Re-recorded Documents

Read Utah State Code Title 57-3-106

There are three (3) ways to correct an error in a recorded document. they are:

  1. Recording an affidavit
  2. Re-recording the document
  3. Recording a new document

In all cases, first ask yourself, "What is the effect of the original document?" When an affidavit is recorded, ask yourself, "Does this clarify the original document?"

Affidavits can only be effective if they clarify an ambiguity created on the original document. They cannot add to or take away from the effect of the original document.

What Errors and Omissions can be corrected by an Affidavit?

- An incomplete legal description.

  • For typographical errors, use a Scrivener's Affidavit.
  • For an error in the survey, use a Surveyor's Affidavit

- Ambiguous tie legs (i.e. omissions from calls or obvious typo's) that will not allow a point of beginning to be determined

  • Use a Scrivener's Affidavit
(Note: if a point of beginning can be determined on the original document, whether or not it was the one intended by the executor of the document, an affidavit cannot change the point of beginning.)

- An affidavit can correct courses or bearings in a description, if the description will not close without the correction.

- If an original document doesn't indicate a plat (i.e. "A" or "B") of a recorded subdivision, an affidavit can be used to clarify the omission. (An affidavit cannot change the plat designation of the original document.) If the trustee(s) of a trust was left unidentified. Use an affidavit to indicate the trustee or trustees.

- An affidavit of identity can be recorded by someone personally acquainted with a grantor or grantee of a previously recorded document to clarify that a person (grantor or grantee) is "also known as" (aka), or was "formerly known as" (fka), or "sometimes known as" by another name which also refers to the same person.

- If the Section, Township or Range was missing from the description.

  • An affidavit cannot be used to change the section, township or range that was erroneous on the original document.

- An error or omission in the acknowledgment.

  • A Scrivener's affidavit, preferably from the notary.

What Errors and Omissions can be corrected by Re-Recording the Original Document?

All the errors or omissions described for affidavits above.

If there was no description included on the original document, the description can be included on a re-recording of the document, adding a rider that it was not included by mistake.

All re-recorded documents must include a statement of why the document is being re-recorded.

All re-recorded documents must include new signatures and a new notary acknowledgment to be re-recorded.

The following discrepancies must be corrected by recording an additional, appropriate deed(s) or other document(s)

  • Changing the commencing point
  • Changing the tie legs to arrive at a different point of beginning than that given on the original document
  • Changing or adding the names of grantors
  • Changing or adding the names of grantees
  • Changing or adding tenancy
  • Adding names of additional persons to consent to a previously recorded Boundary Line Agreement

The Utah County Recorder's Office may be directed by a landowner to combine adjacent parcels of property which he or she owns onto one parcel serial number. In some instances this benefits the landowner by reducing the number of tax notices he or she receives, or in some cases, reducing the property taxes.

Before a landowner has his property combined onto one parcel serial number, he may wish to consider:

  1. Any effect that this combination may have on zoning or subdivision possibilities. (Contact your Zoning Administrator.)

  2. Most of the combined description(s) will not show on a single tax notice due to space limitations. The combined descriptions on the tax notice will have the format "First description..., also; Second description..., also;... etc."

The following requirements must be met in order to combine two or more properties onto one tax notice.

  1. No tax boundary may exist between the properties. (i.e. all properties being combined must be in the same tax district.)

  2. The parcels to be combined must be contiguous.

  3. All parcels being combined must have been deeded on the same document. (For example - If the parcels have different vesting deeds, the parcels can not be combined. The owner(s) will have to deed the parcels to be combined and make a request on the document that the parcels be combined.)

If the above requirements have been met, the owner(s) may send a Request to be Combined letter, listing the parcel serial numbers of the parcels they wish to combine. This request will become part of the permanent record as a part of a Recorder's Notice document and serves as an authorization to combine the parcels onto one parcel serial number.

Sample Request to Combine Letter:

Recorder,

Please combine the descriptions found on deed # _______________ into one tax serial number for taxing purposes.

Combine specifically the following tax numbers onto one notice:

_________________
_________________
_________________

Signed ____________________________ Dated ________________________

Phone # __________________________________

  1. A subdivision name that is distinct. 10-9a-603(2)(a); 17-27a-603(2)(a) UCA

  2. Tax clearance for land must be proven. 10-9a-603(4); 17-27a-603(4) UCA

  3. Required signatures on plat.

    1. Licensed land surveyor. 10-9a-603(6)(b)(i); 17-27a-603(6)(b)(i) UCA

    2. Owner of record. 10-9a-603(6)(a)(ii)(iii); 17-27a-603(6)(a)(ii)(iii) UCA

    3. Names must be printed on plat. 17-21-25

    4. Notary. 10-9a-603(6)(a)(iii); 17-27a-603(6)(a)(iii); 46-1-16 UCA

    5. Legislative body. 10-9a-603(6)(a)(i); 17-27a-603(6)(a)(i) UCA

    6. Clerk. 10-9a-603(3); 17-27a-603(3); 10-9a-604(1)(c) UCA

    7. City Engineer. (Optional - if required by local ordinance). 10-9a-603(3); 17-27a-603(3); 10-9a-604(1)(c) UCA

  4. Seals required.

    1. Surveyor. 10-9a-603(6)(b); 17-27a-603(6)(b) UCA

    2. Notary. (Exemption: Not necessary if notary signs in permanent ink, printed notary's full name, commission number, and the words, "A notary public commissioned in Utah," and the expiration date of the notary's commission). 46-1-16(7) UCA

    3. Clerk. 10-9a-603(3);10-9a-604(1)(b)(i)(ii)&(c); 17-27a-603(3) UCA

    4. City Engineer. (Optional - if required by local ordinance). 10-9a-603(3); 10-9a-604(1)(b)(i)(ii) &(c); 17-27a-603(3) UCA

  5. Dates.

    1. Owner's dedication. 10-9a-603(6)(a)(ii), 17-27a-603(6)(a)(ii) UCA

    2. Notary. 10-9a-603(6)(a)(iii); 17-27a-603(6)(a)(iii); 46-1-16 UCA

    3. Legislative approval. 10-9a-603(a)(i); 17-27a-603(a)(i) UCA

  6. If the plat contains any mention of an HOA, it must be conveyed to the HOA. 10-9a-604(1)(d); 17-27a-604(1)(d); 57-8a-102(5) UCA

    1. Must appear in Owner’s dedication block the words, “Common area is hereby conveyed to” (name of the HOA)

    2. Address where tax notice is sent


  7. Lot, unit, block, building references, also addresses for each lot or unit. 10-9a-603(2)(c), 17-27a-603(2)(c) UCA

  8. Compare graphic representation against surveyor's boundary description for accuracy. 10-9a-603(2)(b); 17-27a-603(2)(b) UCA

  9. Is the person signing the owner's dedication also the owner of record? 10-9a-603(6)(a)(ii); 17-27a-603(6)(a)(ii); 17-21-21 UCA

  10. Compare with surrounding parcels to see if any of them conflict with the subdivision.

  11. There must be boundaries, course, and dimensions of the parcels of ground. 10-9a-603(2)(b); 17-27a-603(2)(b) UCA

  12. Streets or other public areas must be clearly defined. 10-9a-603(2)(b); 17-27a-603(2)(b) UCA

For Your Information


  1. Map must show existing R/W and easement grants of record for underground utilities. 10-9a-603(4)(A)(B)(C); 17-27a-603(4)(A)(B)(C) UCA

  2. Exemptions from plat requirements. 17-27a-605 UCA

  3. Lot line adjustments can occur without the filing of an amended subdivision plat if certain criteria are met. 17-27a-608 UCA

  4. Vacating or amending of a subdivision plat. 17-27a-608 UCA

  5. Dedication of streets. 17-27a-607 UCA

  1. Map, with original signatures, must have Declarations with it. 57-8-13(1)(a); 57-8-12-(1) UCA

  2. Tax clearance for land must be proven. 10-9a-603(4); 17-27a-603(4) UCA

  3. Map must contain:

    1. Signature of Utah Licensed Land Surveyor: 57-8-13(1); 57-8-13(1)(b) UCA

    2. Signatures & acknowledgments of owners of record: 57-8-10(8)(a) UCA

    3. Surveyors certificate: Needs to have condominium language and refer to the provisions of section 57-8-13(1)(b) of the Utah Condominium Ownership Act.

    4. Approval of Legislative Body: 57-8-35 UCA

    5. Description of perimeter of project: 57-8-13(1)(a)(i) UCA

    6. Location and dimensions of units: 57-8-13(1)(a)(iii)(iv) UCA

    7. Elevations: 57-8-13(1)(a)(iii) UCA

    8. Units must each have a distinguishing number or symbol: 57-8-13(1)(a)(v); 57-8-3(27) UCA

    9. Easements (if feasible) 57-8-13-(1)(a)(vi) UCA

  4. Declaration must contain:

    1. Description of the perimeter of project: 57-8-10(2)(a)(i) UCA

    2. Undivided interest each unit has in the common area: 57-8-7; 57-8-10(2)(d)(i) UCA

    3. Executed and acknowledged by all record holders: 57-8-10(8)(a) UCA

    4. Contain a description of any buildings; 57-8-10(2)(a)(ii) UCA

  5. A subdivision name that is distinct. 10-9a-603(2)(a); 17-27a-603(2)(a) UCA

  6. Required signatures on plat.

    1. Licensed land surveyor. 10-9a-603(6)(b)(i); 17-27a-603(6)(b)(i); 57-8-13(1)(b) UCA

    2. Owner of record. 10-9a-603(6)(a)(ii)(iii); 17-27a 603(6)(a)(ii)(iii) UCA

    3. Names must be printed on plat. 17-21-25 UCA

    4. Notary. 10-9a-603(6)(a)(ii); 17-27a-603(6)(a)(ii); 46-1-16 UCA

    5. Legislative body. 10-9a-603(6)(a)(i); 17-27a-602(6)(a)(i) UCA

    6. Clerk. 10-9a-603(3); 17-27a-603(3);10-9a-604(1)(c) UCA

    7. City Engineer. (Optional - if necessary, by local ordinance). 10-9a-603(3); 17-27a-603 (3); 10-9a-604(1)(c) UCA

  7. Seals required

    1. Surveyor. 10-9a-603(6)(b); 17-27a-603(6)(b) 57-8-13(1)(b) UCA

    2. Notary. (Not necessary if notary signs in permanent ink, printed notary’s full name and commission number, the words, “A notary public commissioned in Utah,” and the expiration date of the notary’s commission). 46-1-16(7) UCA

    3. Clerk. 10-9a-603(3); 17-27a-603(3);10-9a-604(1)(b)(i)(ii)&(c) UCA

    4. City Engineer. (Optional - if necessary, by local ordinance). 10-9a-603(3); 17-27a-603 (3); 10-9a-604(1)(c) UCA


  8. Dates

    1. Owner’s dedication. 10-9a-603(6)(a)(ii), 17-27a-603(46)(a)(ii) UCA

    2. Notary. 10-9a-603(6)(a)(iii); 17-27a-603(6)(a)(iii); 46-1-16 UCA

    3. Legislative approval. 10-9a-603(a)(i);17-27a-603(a)(i) UCA


  9. Lot, unit, block, building references. Also, addresses for each lot or unit. 10-9a-603(2)(c), 17-27a-603(2)(c) UCA

  10. Compare graphic representation against surveyor’s boundary description for accuracy. 10-9a-603(2)(b); 17-27a-603(2)(b); 57-8-13(1)(a)(i)UCA

  11. Is the person signing the owner’s dedication also the owner of record? 10-9a-603(6)(a)(ii); 17-27a-603(6)(a)(ii); 17-21-21 UCA

  12. Compare with surrounding parcels to see if any of them conflict with the subdivision.

  13. There must be boundaries, course, and dimensions of the parcels of ground. 10-9a-603(2)(b); 17-27a-603(2)(b) UCA

  14. Streets or other public areas must be clearly defined. 10-9a-603(2)(b); 17-27a-603(2)(b) UCA

  15. The following are not required by code but make for a more understandable map.
    1. Scale of map

    2. Vicinity map

For Your Information

  1. A condominium may have language in the declaration that will allow it to be:

    1. Expandable (this is very common): 57-8-3(16), 57-8-10(4), 57-8-13(2), 57-8-13(6) UCA. This requires a new plat and amended declarations to show the new percent interest in the common area and the description of the remaining expandable lands.

    2. Contractible: 57-8-3(11); 57-8-13(8); 57-8-10(5) UCA

    3. Convertible: 57-8-3 (12,13); 57-8-10(3); 57-8-13(2) UCA

  2. Removal of property from statutory provision (Filing an affidavit of withdrawal).

    1. Requires consent of all unit owners: 57-8-7(2); 57-8-22(1) UCA

    2. Requires that holders of liens affecting any of the units, consent or agree by instrument duly recorded that their liens be transferred to the percent interest of the unit owner in the property. 57-8-22(1) UCA

    3. After removal from statutory provision the property will be owned in common by the unit owners. 57-8-22(2) UCA

  3. Code specifies that the plat can be 21" x 31", smaller than the D size used for subdivisions. 57-8-13(1) UCA

  4. Actual location of the constructed building to take precedence over the mapped location: 57-8-13(4) UCA

  5. Declaration may be amended. USC - 57-8-39 UCA