reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1216 - Tenant for years, less than 10, not affected by judgment.

78B-6-1216.
Tenant for years, less than 10, not affected by judgment.
The judgment does not affect tenants for years, less than 10, of the whole of the property which is the subject of the partition.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1217 - Referees' expenses and fees -- Apportionment.

78B-6-1217.
Referees' expenses and fees -- Apportionment.
The expenses of the referees, including those of the surveyor and his assistants if employed, must be determined and allowed by the court, and the amount, together with the fees allowed by the court in its discretion to the referees, shall be apportioned equitably among the different parties to the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1218 - Liens on undivided interests -- Apportionment.

78B-6-1218.
Liens on undivided interests -- Apportionment.
A lien on an undivided interest or estate of any of the parties shall only be a charge on the share assigned to the party after the share is charged with its just proportion of the costs of the partition in preference to the lien.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1219 - Setoff of estate for life or for years.

78B-6-1219.
Setoff of estate for life or for years.
If there is an estate for life or years in an undivided share of the whole property and only a portion of the property is ordered to be sold, the estate may be set off in any part of the property not ordered to be sold.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1220 - Proceeds of sale of encumbered property -- Disposition of.

78B-6-1220.
Proceeds of sale of encumbered property -- Disposition of.
The proceeds of the sale of encumbered property shall be applied under the direction of the court, as follows:
(1) to pay its just proportion of the general costs of the action;
(2) to pay the costs of the reference;
(3) to satisfy and cancel all recorded liens in their order of priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment;
(4) the residue among the owners of the property sold according to their respective shares therein.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1221 - Lienholders required to exhaust other security first.

78B-6-1221.
Lienholders required to exhaust other security first.
Any party to the action, who holds a lien upon the property or any portion of it and has other securities for the payment of the amount of the lien may be required by the court to exhaust the other securities before a distribution of the proceeds of sale. The court may also order a just reduction to be made from the amount of the lien on the property in the amount of the securities.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1222 - Distribution of proceeds or securities.

78B-6-1222.
Distribution of proceeds or securities.
The proceeds of sale and the securities taken by the referees shall be distributed by the referees to the persons entitled to them whenever the court directs. If no direction for distribution is given, all of the proceeds and securities must be paid into the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1223 - Determination of adverse claims.

78B-6-1223.
Determination of adverse claims.
When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known or unknown, are paid into court, the action may continue between the parties for the determination of their respective claims. Further evidence may be taken by the court or a referee at the discretion of the court, and the court may, if necessary, require the parties to present the facts or law in controversy by pleadings as in an original action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1224 - Sales at public auction -- Notice.

78B-6-1224.
Sales at public auction -- Notice.
All sales of real property made by referees under this part shall be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution. The notice shall state the terms of sale, and if the property or any part of it is to be sold subject to a prior estate, charge, or lien, that fact shall be stated also.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1225 - Sales on credit -- Order for.

78B-6-1225.
Sales on credit -- Order for.
The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises. For that portion of which the purchase money is required, the court shall also order it to be invested for the benefit of unknown owners, minors or parties out of the state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1226 - Security for payment.

78B-6-1226.
Security for payment.
The referees may take separate mortgages and other securities;
(1) for the whole or convenient portions of the purchase money;
(2) on any part of the property directed by the court to be sold on credit;
(3) for the shares of any known owner of full age, in the name of the owner;
(4) for the shares of a minor, in the name of the guardian of the minor; and
(5) for other shares, in the name of the clerk of the court and his successors in office.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1227 - Compensation for interest of tenant for life or years.

78B-6-1227.
Compensation for interest of tenant for life or years.
A person entitled to a tenancy for life or years whose estate has been sold, is entitled to receive a sum as reasonable compensation for the estate. The person's consent to accept the sum shall be filed in writing with the clerk of the court. Upon the filing of the consent, the clerk shall enter it in the minutes of the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1228 - Court determines reasonable compensation for tenant.

78B-6-1228.
Court determines reasonable compensation for tenant.
If consent is not given, filed, and entered as provided in Section 78B-6-1227 before a judgment of sale is rendered, the court shall determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of the estate, and order the amount paid to the party, or deposited in the court for the person, as the case may require.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1229 - If tenant unknown.

78B-6-1229.
If tenant unknown.
If persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in the same manner as if they were known and had appeared.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1230 - Protection of vested, contingent, or future rights.

78B-6-1230.
Protection of vested, contingent, or future rights.
In all cases of sales if it appears that any person has a vested, contingent, or future right or estate in any of the property sold, the court shall ascertain and settle the proportionate value of the contingent or vested right or estate, and direct the proportion of the proceeds of the sale to be invested, secured, or paid over in a manner that would protect the rights and interests of the parties.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1231 - Terms of sales -- Separate sale of distinct parcels.

78B-6-1231.
Terms of sales -- Separate sale of distinct parcels.
In all cases of sales of property the terms shall be made known at the time, and if the premises consist of distinct farms or lots, they shall be sold separately.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1232 - Who may not be purchaser.

78B-6-1232.
Who may not be purchaser.
(1) A referee or any person for the referee's benefit may not be interested in any purchase.
(2) A guardian of a minor party may not be interested in the purchase of any real property which is the subject of an action under this part except for the benefit of the minor.
(3) All sales contrary to the provisions of this section are void.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1233 - Report of referees to the courts of sales.

78B-6-1233.
Report of referees to the courts of sales.
(1) Once the sale of the property or any portion ordered to be sold is complete, the referees shall file a report with the court.
(2) The report shall include:
(a) a description of the different parcels of land sold to each purchaser;
(b) the name of the purchaser;
(c) the price paid or secured;
(d) the terms and conditions of the sale; and
(e) the securities, if any, taken.
(3) The report shall be filed in the office of the clerk of the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1234 - Referees' deed on confirmation -- Disposition of proceeds.

78B-6-1234.
Referees' deed on confirmation -- Disposition of proceeds.
If the sale is confirmed by the court, an order shall be entered directing the referees to execute conveyances and authorizing them to take securities pursuant to sale. The order may also give directions directing the disposition of the proceeds of the sale.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1235 - Allowance on purchase price -- When interested party is purchaser.

78B-6-1235.
Allowance on purchase price -- When interested party is purchaser.
If a party entitled to a share of the property, or a lienholder entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1236 - Conveyance to be recorded -- Operates as a bar.

78B-6-1236.
Conveyance to be recorded -- Operates as a bar.
(1) The conveyances shall be recorded in the county where the property is located.
(2) The recording shall be a bar against:
(a) all persons interested in the property in any way, who have been named as parties in the action;
(b) all parties or persons who were unknown, if the summons was served by publication, and all persons claiming under them; and
(c) all persons having unrecorded deeds or liens at the commencement of the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1237 - Investment of sale proceeds for nonresidents or unknown parties.

78B-6-1237.
Investment of sale proceeds for nonresidents or unknown parties.
When there are proceeds of a sale belonging to an unknown owner or to a person outside the state who has no legal representative inside the state, the proceeds shall be invested in bonds of the United States, this state, or a political subdivision of the state for the benefit of the persons entitled the proceeds.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1238 - Clerk of court to be custodian.

78B-6-1238.
Clerk of court to be custodian.
If the security of the proceeds of the sale is taken, or when an investment of any proceeds is made, it shall be done, except as otherwise provided, in the name of the clerk of the district court. The clerk of the court shall hold the security for the use and benefit of the parties interested, subject to an order of the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1239 - Distribution of securities to parties entitled.

78B-6-1239.
Distribution of securities to parties entitled.
If security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing delivered to the referees, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of, and payable to, the parties respectively entitled, and shall be delivered to the parties upon their receipt. The agreement and receipt shall be filed with the clerk of the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1240 - Investment of securities by court clerk -- Accounting.

78B-6-1240.
Investment of securities by court clerk -- Accounting.
The clerk of the court in whose name a security is taken or by whom an investment is made, and his successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as the court may direct. The clerk shall also deposit with the county treasurer all securities taken, and keep an account, in a book provided and kept for that purpose in the clerk's office, free to inspection by all persons, of investments and money received and their disposition.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1241 - Equalization.

78B-6-1241.
Equalization.
(1) If a partition cannot be made equally among the parties according to their respective rights without prejudice to the rights and interests of some of them, and a partition is ordered, the courts may order compensation made by one party to another on account of the inequality.
(2) Compensation may not be required to be made to others by unknown owners or a minor, unless the court determines that the minor has sufficient personal property to make the payment and the minor's and the minor's interest will not be negatively affected.
(3) The court has the power in all cases to make compensatory adjustment among the parties according to the principles of equity.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1242 - Interests of minor -- Payment to guardian.

78B-6-1242.
Interests of minor -- Payment to guardian.
If the share of a minor is sold, the court may order the proceeds of the sale to be paid by the referee making the sale to the minor's general guardian or to the special guardian appointed for the minor in the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1243 - Partition -- Payment of costs -- Enforcement of judgment.

78B-6-1243.
Partition -- Payment of costs -- Enforcement of judgment.
(1) The costs of partition, including reasonable attorney fees, expended by the plaintiff or any of the defendants for the common benefit, fees of referees and other disbursements shall be paid by the parties entitled to share in the lands divided, in proportion to their respective interests, and may be included and specified in the judgment. The costs shall be a lien on the several shares, and the judgment may be enforced by execution against the shares and against other property held by the respective parties.
(2) If litigation arises between some of the parties, the court may require the expenses of the litigation to be paid by the parties to the litigation.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1244 - One referee instead of three allowed by consent.

78B-6-1244.
One referee instead of three allowed by consent.
The court, with the consent of the parties, may appoint a single referee instead of three referees in the proceedings under the provisions of this part, and the single referee has all the powers, and may perform all the duties, required of the three referees.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1245 - Lien for costs and expenses advanced by one for benefit of all.

78B-6-1245.
Lien for costs and expenses advanced by one for benefit of all.
(1) The court shall allow expenses incurred, including attorney fees, in prosecuting or defending other actions or proceedings by any one of the tenants in common for the protection, confirmation or perfecting of the title, or setting the boundaries, or making a survey or surveys of the estate partitioned to be recovered by the party incurring the expenses.
(2) The court shall determine the amounts with interest from the date the expenditures occurred.
(3) The costs shall be:
(a) pleaded and allowed by the court;
(b) included in the final judgment;
(c) a lien upon the share of each tenant, in proportion to the tenant's interest; and
(d) enforced in the same manner as taxable costs of partition are taxed and collected.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1246 - Abstract of title -- Costs and inspection.

78B-6-1246.
Abstract of title -- Costs and inspection.
(1) If the court determines that it was necessary to have an abstract of the title to the property to be partitioned created and the abstract has been procured by a party to the proceeding, the cost of the abstract, with interest from the date if its creation and availability for inspection by the respective parties to the action, shall be allowed and taxed.
(2) If the abstract is procured by the plaintiff before the commencement of the action the plaintiff shall file a notice with the complaint that an abstract of the title has been made and is available for the inspection and use of all the parties to the action. The notice shall state where the abstract will be available for inspection.
(3) If the plaintiff did not procure an abstract before commencing the action, and a defendant procures an abstract, the defendant shall, as soon as it has been directed it to be made, file a notice in the action with the clerk of the court, stating who is making the abstract and where it will be kept when finished.
(4) The court may direct who may have custody of the abstract.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12 - Partition › Section 1247 - Interest on advances to be allowed.

78B-6-1247.
Interest on advances to be allowed.
Any disbursement made by a party under the direction of the court during the action shall accrue interest from the date it is made.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1270 - Definitions.

Effective 5/4/2022
78B-6-1270.
Definitions.
As used in this part:
(1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.
(3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.
(4) "Determination of value" means a court order:
(a) determining the fair market value of heirs' property under Section 78B-6-1274 or 78B-6-1278; or
(b) adopting the valuation of the property agreed to by all the cotenants.
(5) "Heirs' property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
(a) there is no agreement in a record binding all the cotenants that governs the partition of the property;
(b) one or more of the cotenants acquired title from a relative, whether living or deceased; and
(c) any of the following applies:
(i) 20% or more of the interests are held by cotenants who are relatives;
(ii) 20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii) 20% or more of the cotenants are relatives.
(6) "Partition by sale" means a court-ordered sale of the entire heirs' property, whether by an auction, sealed bids, or an open-market sale conducted under Section 78B-6-1278.
(7) "Partition in kind" means the division of heirs' property into physically distinct and separately titled parcels.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Relative" means an ascendant, a descendant, a collateral, or an individual otherwise related to another individual by blood, marriage, adoption, or a law of this state other than this part.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1271 - Applicability -- Relation to other law.

Effective 5/4/2022
78B-6-1271.
Applicability -- Relation to other law.
(1) This part applies to partition actions filed on or after May 4, 2022.
(2)
(a) In an action to partition real property under Title 78B, Chapter 6, Part 12, Partition, the court shall determine whether the property is heirs' property.
(b) If the court determines that the property is heirs' property, the property shall be partitioned under this part, unless all of the cotenants otherwise agree in a record.
(3) This part supplements Title 78B, Chapter 6, Part 12, Partition, and if an action is governed by this part, replaces provisions of Title 78B, Chapter 6, Part 12, Partition, that are inconsistent with this part.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1272 - Service -- Notice by posting.

Effective 5/4/2022
78B-6-1272.
Service -- Notice by posting.
(1) This part does not limit or affect the method by which service of a complaint in a partition action may be made.
(2)
(a) If the plaintiff in a partition action files a notice by publication and the court determines that the property is heirs' property, the plaintiff, no later than 10 days after the day on which the court determines the property is heirs' property, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action.
(b) The sign shall:
(i) state that the action has commenced; and
(ii) identify the name and address of the court and the common designation by which the property is known.
(c) The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1273 - Referees.

Effective 5/4/2022
78B-6-1273.
Referees.
If the court appoints referees, each referee, in addition to the requirements and disqualifications applicable to referees in Title 78B, Chapter 6, Part 12, Partition, shall be disinterested and impartial and not a party to or a participant in the action.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1274 - Determination of value.

Effective 5/4/2022
78B-6-1274.
Determination of value.
(1) Except as otherwise provided in Subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering an appraisal in accordance with Subsection (4).
(2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(4)
(a) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate.
(b) On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(5) If an appraisal is conducted in accordance with Subsection (4), no later than 10 days after the day on which the appraisal is filed, the court shall send notice to each party with a known address, stating:
(a) the appraised fair market value of the property;
(b) that the appraisal is available at the court clerk's office; and
(c) that a party may file with the court an objection to the appraisal no later than 30 days after the day on which the notice is sent, stating the grounds for the objection.
(6)
(a) If an appraisal is filed with the court in accordance with Subsection (4), the court shall conduct a hearing to determine the fair market value of the property no sooner than 31 days after the day on which a copy of the notice of the appraisal is sent to each party under Subsection (5), whether or not an objection to the appraisal is filed under Subsection (5)(c).
(b) In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(7) After a hearing under Subsection (6), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1276 - Partition alternatives.

Effective 5/4/2022
78B-6-1276.
Partition alternatives.
(1)
(a) Except as provided in Subsection (1)(b), a court shall order partition in kind if:
(i) all the interests of all cotenants that requested partition by sale are not purchased by other cotenants in accordance with Section 78B-6-1275; or
(ii) after conclusion of the buyout under Section 78B-6-1275, a cotenant remains that has requested partition in kind.
(b) A court may not order a partition in kind if the court finds that partition in kind will result in great prejudice to the cotenants as a group after consideration of the factors listed in Section 78B-6-1277.
(c) In considering whether to order partition in kind under Subsection (1)(a), the court shall approve a request by two or more parties to have their individual interests aggregated.
(2) If the court does not order partition in kind under Subsection (1), the court shall order partition by sale in accordance with Section 78B-6-1278, or the court shall dismiss the action if no cotenant requested partition by sale.
(3) If the court orders partition in kind in accordance with Subsection (1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(4)
(a) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if the cotenants' interests were not bought out in accordance with Section 78B-6-1275, a part of the property representing the combined interests of these cotenants as determined by the court.
(b) The part of the property allocated in accordance with Subsection (4)(a) shall remain undivided.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1277 - Considerations for partition in kind.

Effective 5/4/2022
78B-6-1277.
Considerations for partition in kind.
(1) In determining under Subsection 78B-6-1276(1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider:
(a) whether the heirs' property practicably can be divided among the cotenants;
(b) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(c) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(d) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(e) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(f) the degree to which the cotenants have contributed:
(i) the cotenants' pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property; or
(ii) to the physical improvement, maintenance, or upkeep of the property; and
(g) any other relevant factor.
(2) The court may not consider any one factor in Subsection (1) to be dispositive without weighing the totality of all relevant factors and circumstances.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1278 - Open-market sale, sealed bids, or auction.

Effective 5/4/2022
78B-6-1278.
Open-market sale, sealed bids, or auction.
(1) If the court orders a sale of heirs' property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(2)
(a) If the court orders an open-market sale and the parties agree on a real estate broker licensed in this state to offer the property for sale no later than 10 days after the day on which the court entered the order, the court shall appoint the broker and establish a reasonable commission.
(b) If the parties do not agree on a broker during the 10-day period described in Subsection (2)(a), the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission.
(c) The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value of the property and on the terms and conditions established by the court.
(3) If the broker appointed under Subsection (2) obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(a) the broker shall comply with the reporting requirements in Section 78B-6-1279; and
(b) the sale may be completed in accordance with state law other than this part.
(4) If the broker appointed under Subsection (2) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing, may:
(a) approve the highest outstanding offer if there is an outstanding offer;
(b) redetermine the value of the property and order that the property continue to be offered for an additional time; or
(c) order that the property be sold by sealed bids or at an auction.
(5)
(a) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale.
(b) If the court orders an auction, the auction shall be conducted in accordance with Section 78B-6-1224.
(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1279 - Report of open-market sale.

Effective 5/4/2022
78B-6-1279.
Report of open-market sale.
(1) Unless required to do so within a shorter time by Title 78B, Chapter 6, Part 12, Partition, a broker appointed under Subsection 78B-6-1278(2) to offer heirs' property for open-market sale shall file a report with the court no later than seven days after the day on which the broker receives an offer to purchase the property for at least the determination of value under Section 78B-6-1274 or 78B-6-1278.
(2) The report required by Subsection (1) shall contain the following information:
(a) a description of the property to be sold to each buyer;
(b) the name of each buyer;
(c) the proposed purchase price;
(d) the terms and conditions of the proposed sale, including the terms of any owner financing;
(e) the amounts to be paid to lienholders;
(f) a statement of contractual or other arrangements or conditions of the broker's commission; and
(g) any other material fact relevant to the sale.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1280 - Uniformity of application and construction.

Effective 5/4/2022
78B-6-1280.
Uniformity of application and construction.
In applying and construing this part, consideration shall be given to the need to promote uniformity of this uniform law with respect to the subject matter of the uniform law among states that enact this uniform law.
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 12a - Uniform Partition of Heirs' Property Act › Section 1281 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/4/2022
78B-6-1281.
Relation to Electronic Signatures in Global and National Commerce Act.
This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 304, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1301 - Quiet title -- Action to determine adverse claim to property.

78B-6-1301.
Quiet title -- Action to determine adverse claim to property.
A person may bring an action against another person to determine rights, interests, or claims to or in personal or real property.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1302 - Definitions.

78B-6-1302.
Definitions.
As used in this part:
(1) "Claimant" means a person who files a notice.
(2) "Guarantee" means an agreement by a claimant to pay an amount of damages:
(a) specified by the court;
(b) suffered as a result of the maintenance of a notice;
(c) to a person with an interest in the real property that is the subject of the notice; and
(d) if the requirements of Subsection 78B-6-1304(5) are met.
(3) "Notice" means a notice of the pendency of an action filed under Section 78B-6-1303.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1303 - Lis pendens -- Notice.

Effective 5/10/2016
Superseded 7/1/2024
78B-6-1303.
Lis pendens -- Notice.
(1)
(a) Any party to an action filed in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, or a Utah district court that affects the title to, or the right of possession of, real property may file a notice of pendency of action.
(b) A party that chooses to file a notice of pendency of action shall:
(i) first, file the notice with the court that has jurisdiction of the action; and
(ii) second, record a copy of the notice filed with the court with the county recorder in the county where the property or any portion of the property is located.
(c) A person may not file a notice of pendency of action unless a case has been filed and is pending in a United States or Utah district court.
(2) The notice shall contain:
(a) the caption of the case, with the names of the parties and the case number;
(b) the object of the action or defense; and
(c) the specific legal description of only the property affected.
(3) From the time of filing the notice, a purchaser, an encumbrancer of the property, or any other party in interest that may be affected by the action is considered to have constructive notice of pendency of action.
Amended by Chapter 306, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1303 - Lis pendens -- Notice.

Effective 7/1/2024
78B-6-1303.
Lis pendens -- Notice.
(1)
(a) Any party to an action filed in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, a district court of this state, or the Business and Chancery Court of this state, that affects the title to, or the right of possession of, real property may file a notice of pendency of action.
(b) A party that chooses to file a notice of pendency of action shall:
(i) first, file the notice with the court that has jurisdiction of the action; and
(ii) second, record a copy of the notice filed with the court with the county recorder in the county where the property or any portion of the property is located.
(c) A person may not file a notice of pendency of action unless a case has been filed and is pending in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, a district court of this state, or the Business and Chancery Court of this state.
(2) The notice shall contain:
(a) the caption of the case, with the names of the parties and the case number;
(b) the object of the action or defense; and
(c) the specific legal description of only the property affected.
(3) From the time of filing the notice, a purchaser, an encumbrancer of the property, or any other party in interest that may be affected by the action is considered to have constructive notice of pendency of action.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1304.5 - Civil liability for recording wrongful notice of pendency -- Damages.

Effective 5/10/2016
78B-6-1304.5.
Civil liability for recording wrongful notice of pendency -- Damages.
A person is liable to the record owner of real property, or to a person with a leasehold interest in the real property that is damaged by the maintenance of a notice of pendency, for $10,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs, if the person records or causes to be recorded a notice of pendency against the real property, knowing or having reason to know that:
(1) legal action against the property has not been filed as required by Section 78B-6-1303;
(2) the notice is groundless;
(3) the notice fails to comply with the notice requirements of Subsection 78B-6-1303(2); or
(4) the notice contains an intentional material misstatement or false claim.
Enacted by Chapter 306, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1305 - Disclaimer or default by defendant -- Costs.

78B-6-1305.
Disclaimer or default by defendant -- Costs.
The plaintiff may not recover costs of the action if:
(1) the defendant disclaims in his answer any interest or estate in the property; or
(2) allows judgment to be taken against him by refusing to answer.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1306 - Termination of title pending action -- Judgment -- Damages.

78B-6-1306.
Termination of title pending action -- Judgment -- Damages.
If the plaintiff demonstrates a right to recover at the time the action is brought, but his right terminates during the pendency of the action, the verdict and judgment shall be according to the fact, and the plaintiff may recover damages for withholding the property.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1307 - Setoff or counterclaim for improvements made.

78B-6-1307.
Setoff or counterclaim for improvements made.
If permanent improvements have been made by a defendant, or persons under whom the defendant claims in good faith, the value of the improvements, except improvements made upon mining property, shall be allowed as a setoff or counterclaim against the damages recovered for withholding the property.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1308 - Right of entry pending action for purposes of action.

78B-6-1308.
Right of entry pending action for purposes of action.
The court in which an action is pending under this part or for damages for an injury to property may, on motion and upon notice to either party, for good cause shown, issue an order allowing a party the right to enter the property and take surveys and measurements including any tunnels, shafts, or drifts, even though entry must be made through other lands belonging to parties to the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1309 - Order for entry -- Liability for injuries.

78B-6-1309.
Order for entry -- Liability for injuries.
The order shall describe the property, and a copy served on the owner or occupant. The party may enter the property with necessary surveyors and assistants, and may take surveys and measurements. The party shall be liable for any unnecessary injury done to the property.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1310 - Mortgage not considered a conveyance -- Foreclosure necessary.

78B-6-1310.
Mortgage not considered a conveyance -- Foreclosure necessary.
A mortgage of real property may not be considered a conveyance which would enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1311 - Alienation pending action not to prejudice recovery.

78B-6-1311.
Alienation pending action not to prejudice recovery.
An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by the person, either before or after the commencement of the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1312 - Actions respecting mining claims -- Proof of customs and usage admissible.

78B-6-1312.
Actions respecting mining claims -- Proof of customs and usage admissible.
In actions respecting mining claims proof must be admitted of the customs, usages, or regulations established and in force in the district, bar, diggings, or camp in which the claim is located. The customs, usages, or regulations, if not in conflict with the laws of this state or of the United States, shall govern any decision in the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1313 - Temporary injunction in actions involving title to mining claims.

78B-6-1313.
Temporary injunction in actions involving title to mining claims.
(1) The court may grant a postponement if:
(a) the court is satisfied that the delay is necessary for either or both parties to adequately prepare for trial; and
(b) the party requesting the postponement is not guilty of laches and is acting in good faith.
(2) The court may provide, as part of its order, that the party obtaining the postponement may not remove from the property which is the subject of the action any valuable quartz, rock, earth, or ores. The court may vacate the postponement order or hold the party in contempt if the order is violated.
Enacted by Chapter 3, 2008 General Session