57-9-3 - Marketable record title held free and clear of interests, claims, and charges.
57-9-3. Marketable record title held free and clear of interests, claims, andcharges.
Subject to Sections 57-9-2 and 57-9-6:
(1) the marketable record title shall be held by its owner and shall be taken by any persondealing with the land free and clear of all interests, claims, or charges, whatsoever, the existenceof which depends upon any act, transaction, event, or omission that occurred prior to the effectivedate of the root of title; and
(2) all such interests, claims, or charges, however denominated, whether legal orequitable, present or future, whether the interests, claims, or charges are asserted by a person suijuris or under a disability, whether the person is within or without the state, whether the person isnatural or corporate, or is private or governmental, are declared to be void.
Amended by Chapter 299, 1995 General Session