Current through Act 226 of the 2022 Fiscal Session.
Section 14-15-402 - Instruments to be recorded(a) It shall be the duty of each recorder to record in the books provided for his or her office all deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances, affidavits, powers of attorney, assignments, contracts, agreements, leases, or other instruments of writing of or writing concerning any lands and tenements or goods and chattels, which shall be proved or acknowledged according to law, that are authorized to be recorded in his or her office.(b)(1) To be accepted by the county recorder for recording purposes, all documents shall: (A) Be on eight and one-half by eleven inch (8½"x11") paper;(B) Have a two and one-half inch (2.5") margin at the right top of the first page, one-half inch (0.5") margin on the sides and bottoms of all pages, and a two and one-half inch (2.5") margin at the bottom of the last page;(C) Have an area reserved on the top right of the first page for the file mark of the recorder;(D) Contain the following information: (i) The title of the document; and(ii) The name of the grantor and grantee, when applicable;(E) Be acknowledged or otherwise executed as permitted by § 16-47-107 or § 18-12-208; and(2)(A) The county recorder shall have the discretion to waive the requirements of subdivision (b)(1) of this section for: (ii) Any document that complies with the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.(B) All documents and instruments executed before January 1, 2004, shall be exempt from the requirements of subdivision (b)(1) of this section.(C) All surveys and plats shall be exempt from the requirements of subdivision (b)(1) of this section.(3) A county recorder shall not refuse to record a document that has been executed in a manner permitted by § 16-47-107 or § 18-12-208.Amended by Act 2013, No. 999,§ 5, eff. 4/8/2013.Rev. Stat., ch. 124, §§ 8, 9; C. & M. Dig., §§ 8624, 8625; Pope's Dig., §§ 11216, 11217; A.S.A. 1947, §§ 16-101, 16-102; Acts 2003, No. 757, § 1; 2005, No. 1428, § 1; 2007, No. 734, § 3.