57-1-10 — After-acquired title passes.
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57-1-10. After-acquired title passes.
(1) If any person conveys any real estate by conveyance purporting to convey the same in fee simple absolute, and at the time of the conveyance the person does not have the legal estate in the real estate, but afterwards acquires the same:
(a) the legal estate subsequently acquired shall immediately pass to the grantee, the grantee's heirs, successors, or assigns; and
(b) the conveyance shall be as valid as if the legal estate had been in the grantor at the time of the conveyance.
(2) (a) Subsection (1) applies to a conveyance by:
(i) warranty deed;
(ii) special warranty deed; or
(iii) trust deed.
(b) Subsection (1) does not apply to a conveyance by quitclaim deed.
(1) If any person conveys any real estate by conveyance purporting to convey the same in fee simple absolute, and at the time of the conveyance the person does not have the legal estate in the real estate, but afterwards acquires the same:
(a) the legal estate subsequently acquired shall immediately pass to the grantee, the grantee's heirs, successors, or assigns; and
(b) the conveyance shall be as valid as if the legal estate had been in the grantor at the time of the conveyance.
(2) (a) Subsection (1) applies to a conveyance by:
(i) warranty deed;
(ii) special warranty deed; or
(iii) trust deed.
(b) Subsection (1) does not apply to a conveyance by quitclaim deed.
Amended by Chapter 213, 2005 General Session