Utah’s abandoned property laws are not incredibly straightforward and will depend on the type of abandoned property in question. You’ll find different rules for abandoned homes, vehicles, and personal property.
Maybe you’re a Utah landlord and your tenant seems to have abandoned the property and left their possessions. Maybe a car wound up around the back of your barn and you’re not sure how or when it got there. Utah law dictates what you can do with these types of abandoned property and when.
All the different rules can get confusing so, Jerry
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, has compiled the basics of Utah abandoned property laws. We’ll discuss qualifications for abandoned property, what you can do if you find abandoned property, and how to reclaim abandoned property of your own. We’ll also tell you how to save on your Utah home insurance! RECOMMENDEDNo spam or unwanted phone calls · No long forms
Utah abandoned home law
Abandoned homes in Utah are most often found as abandoned rental properties in which the tenant has left without alerting the landlord. While it’s unlikely to come across an abandoned house and be able to claim it, it’s not impossible.
To help you understand what qualifies as an abandoned home and recognize how to take advantage of adverse possession claims, here’s a rundown of the laws in Utah.
What qualifies as an abandoned home in Utah?
The qualifications for an abandoned home in Utah vary for different types of homes, but it ultimately hinges on the length of time the property has been empty.
In Utah rental properties, three qualifications must be met for the place to be legally assumed abandoned:
The tenant is gone and the landlord received no notice
There is no reasonable evidence of a tenant occupying the property
Rent is overdue by one day if the tenant removed their possessions, or rent is overdue by 15 days if the tenant did not remove their possessions
For an owned home to be considered abandoned in Utah, the owner must have been vacant for seven continuous years. Even if you’ve conspicuously visited your property at least once over seven years, your home won’t be considered abandoned.
Let’s say, however, that you have not gone to your owned property in the last seven years. Someone else now could have a legal claim on the property—as long as they meet the other criteria of adverse possession, that is.
What is an adverse possession claim?
Adverse possession is a legal process that allows someone to claim property that wasn’t theirs originally if they openly and positively use it for a decided amount of time. Each state has slightly different variations of this rule, and successful squatters in Utah
will need to prove: Hostile claim: This is not as aggressive as it sounds. A hostile claim just means that the person making the claim has to prove that they intended to own the property from the beginning of their pursuits. They can prove this by paying property taxes on the land for their entire seven years of occupancy.
Care for the property: They also must maintain the land and/or make improvements, like building a fence or starting a garden or pasture.
Seven-year rule: Utah law requires someone to be openly living on the land and caring for the property for at least seven years before they can make a claim.
Exclusive ownership: The person making the claim must be the sole caretaker and “owner” of the property. They cannot share the land or home with anyone else.
Obvious ownership: It has to be an open and obvious occupation. They can’t have hidden from the actual owner or any neighbors.
If someone has been occupying an abandoned home in Utah for at least seven years and has met all the criteria, they could win their adverse possession claim and take legal ownership of the abandoned property.
Utah abandoned vehicle law
Utah abandoned vehicle laws are a bit less complicated than Utah abandoned home laws. Here’s a general breakdown.
What qualifies as an abandoned vehicle in Utah?
The details as to what qualifies as an abandoned vehicle in Utah can be found in section 41-6a-1408 of the Utah State Legislature
. Generally, though, a vehicle is considered abandoned when: It has been unattended on a highway for more than 48 hours, or
It has been unattended on public or private property for seven days without the consent of the property owner.
What happens to abandoned vehicles in Utah?
Typically, Utah’s abandoned vehicles will go through one of two processes:
A local law enforcement agency will seize and impound the vehicle either to be removed from impound by the owner with proper documentation or to be later sold at auction.
Towing companies can claim ownership or dismantling permits for abandoned vehicles by submitting Tower Insufficient Evidence of Ownership documentation
Utah abandoned personal property law
Perhaps less black and white than both Utah abandoned home laws and Utah abandoned vehicle laws are Utah abandoned personal property laws. What you are and are not allowed to do with abandoned personal property in Utah depends on the kind of property it is.
What qualifies as abandoned personal property in Utah?
Here’s what abandoned personal property in Utah could include:
The rules for abandoned personal property depend on what the abandoned item is. Left behind gift certificates, for example, require at least five years of inactivity before they can be considered abandoned, while inactive bank accounts need three years.
In general, however, personal property could be considered abandoned if:
You try to contact the owner but don’t hear back from them
You do not know the owner’s current whereabouts
A reasonable amount of time has passed
What should I do with abandoned personal property in Utah?
If you’re in possession of abandoned personal property in Utah that is not a financial asset, it’s best to simply turn it in to your local law enforcement agency.
If you are possessing a presumably abandoned financial asset like a bank account, utility deposit, or paycheck, you must deliver it to Utah’s Unclaimed Property Division
after three years without contact from the owner. Finally, if you’re a landlord who is dealing with the abandoned possessions of a previous tenant, you are required to store or otherwise hold onto them for 30 days. After that period, you may throw the items out, sell them, or donate them.
How can I find my abandoned property?
Maybe you’re on the other side of this whole discussion and instead of finding abandoned property, you have lost property. If you’re looking to find lost property, you can try a couple of different things:
Use Utah State Treasurer’s MyCash database
if you’re on the hunt for money. Utah law states that the rightful owners or their heirs can claim their monetary property no matter how much time has passed. If you’re looking for other types of lost property, it will be best to go through local law enforcement agencies or government offices for their access to records and resources.
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