How to Access Property Records in Utah

What Information Can You Find in Utah Property Records?

A Utah property history search will help you uncover many different types of property records. You can find vast information about a specific property address or its owners from property records. Sometimes, you can also find related information.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are one of the most common types of property records. These documents transfer ownership of the property and contain details about the property itself and the grantor (seller) and grantee (buyer). Deeds are held at the local county recorder's office.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Utah property owners must pay annual property taxes. Each local county sets its own property tax rate. Rates vary a bit by county. They pay for things like schools, fire, emergency, police, and road maintenance. Taxes are based on the county's local budget.

Utah's overall average effective tax rate is 0.58%, the 11th lowest in the nation. Use this guide to learn more about Utah property taxes. A typical homeowner pays around $1,991 in property taxes each year.

Information that may appear in these documents includes the following:

• Exemptions - The document will outline any exemptions or tax relief the property may be under.
• Tax Rate - The document should outline the tax rate applicable to the property. Various taxing authorities exist within a jurisdiction. The summed-up levies provide the property tax rate.
• Assessed Value - Property taxes are calculated with the property's assessed value determined by the county assessors.
• Taxing Authority Information - Each jurisdiction has different taxing authorities. The document may, therefore, include information about these authorities, such as the levies and contact information.
• Payment Methods - The document may include the approved payment methods for contributing to taxes.
• Property Details - The document should include property details such as an address, lot number, and the owner's details.

How Often is Property Tax in Utah Assessed?

State laws require properties to be physically inspected every five years. The laws also require the assessors to adjust property values to market value every year. The assessment process is conducted locally by the county assessor. The process of assessing property in the state differs but will likely involve the following steps:

• Valuation - Assessors establish a property's assessed value by appraising it according to state laws. They may use various appraisal methods, such as sales comparison or the income approach. The assessor approves and applies all exemptions before adding the values to the Assessment Roll. The assessors then send the roll to the auditors for processing.
• Noticing - The county auditor applies the tax rates to the taxable value and then prepares a document to notify the property owner of the new values. The valuation notices are usually sent in July. The state requires auditors to send notices if the appraised value increases or decreases or if the property taxes to be paid increase or decrease. The auditor also sends the Assessment Roll to the Utah County Treasurer for payment collection.
• Appealing - If the property owner believes the value is unfair, they may appeal to the County Board of Equalization. Individuals may start by filing an appeal online, via email, or by mail with the county auditor. The board will decide on the correct assessed value.
• Tax Collection - The county treasurer receives the assessment roll with the correct assessed value, prints and mails the property tax bill to the owners, collects the taxes, and distributes the money to local agencies.

Building Permits and Regulations in Utah

Individual cities and towns handle Utah building permits. If you need a permit to build an addition, you must visit the local building permits division of government, which is often located in city hall.

You can search for building permit issues in Utah across the state using this tool.

Property Liens and Encumbrances in Utah

Encumbrances like liens don't reflect well on the property or the owner. Too many liens lower the property's value and can make it difficult to sell. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those that you control. You choose to agree to a voluntary lien when you borrow money and use your home as collateral. Although they are voluntary, you can still lose your home in foreclosure with a voluntary lien.

• Mortgage Liens - Mortgage liens are the most common type. When you borrow money to buy a house, you agree to let the lender put a lien on the property. If you default on the loan, they can foreclose and sell the property to get their money back.

  Mortgage contracts include details such as:

  • Loan Terms - The record dictates the length of the loan and penalties for default.
  • Payment Schedules - The document dictates how often the borrower should contribute to the loan.
  • Loan Amount - The record will show the initial borrowed amount, the interest rate, and the total repayable amount.
  • Payment Methods - The document provides approved ways of contributing to the loan.

Involuntary Liens

Involuntary liens are those which you do not control. They are imposed upon the property against your will when you fail to pay a debt. These types almost always end up in foreclosure and loss of the home.

• Mechanic's Liens - When someone works on your property, and you do not pay them, they can file a mechanic's lien to collect their money. When the house is sold, they will be paid from the proceeds.
• Tax Liens - Tax liens are very serious. The county will put a lien on your property if you do not pay your annual property taxes. After a short time, they will foreclose and sell the property at auction.
• Judgment Liens - Creditors use judgment liens to get paid what you owe them. They first put a lien on the property and then take you to court. If the judge rules in their favor, they are granted the right to foreclose and sell the property to collect the debt.

The Process of Property Liens in Utah

The process of placing a lien on the property differs depending on the type of lien. Individuals must follow the proper procedures and file at the correct office to ensure validity. Individuals in Utah may follow these steps to place a mechanic's lien in the state:

• The first step is ensuring preliminary notice. Utah requires subcontractors and suppliers to submit preliminary notices on private projects within 20 days and, at most, ten days after filing a notice of compilation. On the other hand, the parties must send a notice for public projects in 20 days, but only if the Notice of Commencement is filed or filed later than 15 days.
• The second step is choosing the correct mechanics lien, as Utah provides two types: a lien for construction services and a lien for preconstruction services. Preconstruction liens are the rights of engineers, architects, design-build contractors, and consultants. The lien covers the practitioner's planning and design services before construction begins. Construction services liens cover traditional services, labor, materials, and equipment during the construction or alteration of a property.
• After determining the correct lien, the individual may fill out the claim form. The form requires information such as the claimant's information, the property owner's information, the property description, materials and labor, furnishing dates, the lien amount, and a lien recovery notice. This information should be correct to ensure the lien is less prone to challenges.
• The next stage is filing the lien with the County Recorder's office. The deadline for filing the claim is within 90 days of completing the work or the date of the start of actual construction, whichever is earlier. Individuals may file the lien in person, via mail, or through e-recording. The recorders charge a fee for the recording, so individuals are encouraged to provide blank cheques or call ahead to determine the correct amount.
• After filing, the claimant must send a copy to the property owner in 30 days.

Easements and Covenants

Easements and covenants are supplemental information about property found in deeds, mortgages, and other documents. They are rights of way, giving someone other than the owner the right to access the land. For example, a wireless company installing towers on private land could have a company representative access the towers to maintain them without first asking the owner. Any new owners must respect this agreement.

Covenants are rules about how you can use the property. You see these often in condo developments and gated communities. They could be as simple as restricted paint colors on the outside of buildings.

Plats and Surveys

Plats and surveys are types of maps that show the boundaries of a property. Plats include the boundaries of other surrounding properties, whereas surveys only show the property's boundaries.

General information in these surveys includes:

• Legal Description - This description gives a written account of the property's borders and other pertinent information in a format accepted by government offices.
• Easements and Rights-of-Way - Property surveys may reveal any easements or rights-of-way that run through or across a piece of real estate.
• Property Limits - Surveys provide the location of corner markers or other monuments and exact measurements and descriptions of the property's boundary lines.
• Improvements - Buildings, fences, walls, roadways, and other structures may appear in surveys.
• Surveyor's Certifications and Notes - The survey document may include comments and certifications from the licensed surveyor who conducted the survey.

Property Descriptions and Boundaries in Utah

Each property also comes with a legal property description. This description includes map coordinates, a written description of local landmarks, and other defining characteristics to help anyone find it. The legal description will appear in deeds, appraisals, assessments, and other documents.

Surveys measure the land and provide pinpoint coordinates so the property can be indicated on a map. They are used before new construction, when installing underground utilities, and in property boundary disputes.

Boundary disputes occur when someone believes another person is infringing on their property. They sometimes end up in court, where a judge must decide the outcome. The courts regularly rely on professional surveyors for expert testimony.

Foreclosures

Foreclosures show up in property records along with the owner's name, which can damage their financial reputation and lower the value of the home. Many regular buyers won't want to purchase a house in foreclosure.

Pre-foreclosure homes simply mean that the foreclosure process is ongoing and the house has not yet been sold at auction. Investors look for homes like these and offer owners a deal to get out of debt. They pick up the property cheaply and can sell it for profit, and the owners walk away without a foreclosure on their credit.