57-9-1 - What constitutes marketable record title.
57-9-1. What constitutes marketable record title.
Any person having the legal capacity to own land in this state, who has an unbroken chainof title of record to any interest in land for 40 years or more, shall be deemed to have amarketable record title to such interest as defined in Section 57-9-8, subject only to the mattersstated in Section 57-9-2. A person shall be deemed to have such an unbroken chain of title whenthe official public records disclose a conveyance or other title transaction, of record not less than40 years at the time the marketability is to be determined, which said conveyance or other titletransaction purports to create such interest, either in
(1) the person claiming such interest or
(2) some other person from whom, by one or more conveyances or other title transactionsof record, such purported interest has become vested in the person claiming such interest: withnothing appearing of record, in either case, purporting to divest such claimant of such purportedinterest.
Enacted by Chapter 109, 1963 General Session