17-71-302. General duties -- Records and indexes.
(1) The county recorder shall:
(a) upon acceptance and recording of an instrument:
(i) endorse on the instrument:
(A) an entry number corresponding with the acceptance and recording;
(B) the date of acceptance and recording, including the hour, day, month, and year; and
(C) the recording fee;
(ii) index each instrument:
(A) by entry number;
(B) if applicable, by each grantor, mortgagor, trustor, debtor, plaintiff, or person charged with encumbrance under the instrument;
(C) if applicable, by each grantee, mortgagee, trustee, lien holder, creditor, claimant, or defendant described in the instrument;
(D) if applicable, by each legal description, as described in Section 57-3-105;
(E) by type of instrument; and
(F) if applicable, by water right number; and
(b) beginning January 1, 2025:
(i) maintain a system that allows a property owner to receive, upon the property owner's election, an electronic notice when the county recorder records a deed or mortgage, as defined in Section 70D-1-102, on the property owner's real property; and
(ii) if a property owner elects to receive electronic notice as described in Subsection (1)(b)(i), within 30 days after the day on which the county recorder records a deed or a mortgage as defined in Section 70D-1-102 on real property, provide an electronic notice of the recording to each property owner.
(2) Upon request, a county recorder may provide the notice described in Subsection (1)(b)(ii) to a property owner by a means other than electronic.
(3) Subsection (1)(b) applies only to real property for which the county treasurer provides a tax notice described in Section 59-2-1317.
(4)
(a) The index required by Subsection (1) shall be kept so that the index shows a true chain of title to each tract or parcel, together with each encumbrance on the tract or parcel, according to the records of the county recorder's office.
(b) A recorder shall index the legal description required by Subsection (1)(a)(ii)(D) unless:
(i) the instrument is required to contain a legal description under Section 17-71-402 or Section 57-3-105 and does not contain that legal description; or
(ii) the instrument contains errors, omissions, or defects to the extent that the tract or parcel to which the instrument relates cannot be determined.
(c) To index an instrument as required by this section, the recorder may:
(i) use a tax parcel number;
(ii) use a site address;
(iii) reference to other instruments of record recited on the instrument; or
(iv) reference another instrument that is recorded concurrently with the instrument.
(d) A recorder is not required to go beyond the face of an instrument to determine the tract or parcel to which an instrument may relate.
(e) A person may not bring an action against a recorder for injuries or damages suffered as a result of information contained in an instrument recorded in an index that is required by this section despite errors, omissions, or defects in the instrument.
(f) The fact that a recorded instrument is included in the index does not cure a failure to give public notice caused by an error, omission, or defect.
(g) A document that is indexed in all or part of the indexes required by this section shall give constructive notice.
(5) Nothing in this section prevents the county recorder from using multiple indexes.
Amended by Chapter 105, 2026 General Session
