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In Wayne County, Utah the treasurer/recorder is responsible for recording real estate documents for the county. Deeds, easements, and other legal documents that affect title to land situated in Wayne County are recorded in the treasurer/recorder's office. Fees are due before recording can take place.
Recording Fees
Each Document - $40 and if an instrument contains
more than 10 descriptions, $2 for each additional description;
Federal Tax Lien or Release $40.00
Mining Location $40.00
Affidavits of Labor $40.00
Each claim over 10 ($2 per claim)
Recording Subdivision Plats, $50 per page, plus $2 per lot or unit.
Copies of Record per sheet $1.00
Certificate under Seal $5.00
(Certified Copy)
County recording fees are subject to change without notice. For the most current fees and further information, contact the local recording office directly.
Document Formatting Requirements
Present an original document for recordation with a brief caption on the first page that states the nature of the transaction. A document must be sufficiently legible in order for the recorder to be able to make certified copies of it. The document must be in English or accompanied by an accurate English translation.
Use white paper size 8.5 x 11 inches. Provide a 1-inch margin on the left and right sides and at the bottom of each page. Do not use sheets of paper that are continuously bound at the top, sides, or bottom. Use black ink and a font size of at least 8 point. Printing should be on one side of the page only.
Provide a space 2.5 inches down and 4.5 inches across in the upper right corner of the first page and a margin of 1-inch at the top of each succeeding page.
The proof of the execution of a conveyance can be by the testimony of a subscribing witness or by evidence of the handwriting of the party and of a subscribing witness
The grantor must sign the document and have his signature acknowledged. Names should be printed or typed beneath the signatures of those whose names require indexing.
A document may not be presented for recording if it does not contain a legal description of the real property described in the document.
The document must name a grantee and recite a mailing address to be used for taxation and assessment.
To facilitate the abstracting of an instrument, the county recorder may require that the applicable tax serial number of each parcel described in the instrument be noted on the instrument before it is accepted for recording. The tax serial number may not be considered part of the legal description and may be indicated in the margin of the instrument.
When submitting a deed executed on or after July 1, 2011 that is conveying fee simple title to land or conveying title to water rights without conveying title to land, the person submitting the applicable document for recordation must also submit a water rights addenda. A water rights addendum identifies and describes the water rights transferred under an applicable deed or states that no water rights are being transferred under the applicable deed. The grantor should complete and sign the addendum. The grantee should sign the addendum to acknowledge receipt of a copy of the addendum. The grantee's signature can be a facsimile or done by electronic means.
If a person submits a document for recording that is subject to and complies with the Real Estate Settlement and Procedure Act, 12 U.S.C. Sec. 2601 et seq. for a residential property described in Subsection (4)(a), the person shall notify the county recorder by including the word "RESPA" in at least 16 point font on the front page of each document. The County Recorder may use the RESPA fees but is not required to refund a fee or change a fee amount shown on a recorded RESPA document.
Effect of Recording:
The act of recording a document with the county recorder in the proper county imparts notice to all persons of the contents.
A document that is not recorded as required is void as against any subsequent purchaser of the same real property or any portion of it, if (1) the subsequent purchaser purchased the property in good faith and for a valuable consideration and (2) the subsequent purchaser's document is first duly recorded.