A share represents a certain amount of the company's water right. The state has granted them certain permissions, and as a share owner, you are subject to the same restrictions on the amount of water used, as well as restrictions regarding its usage. Have More Questions About Water Rights/Shares?
You transfer your home to the trust by signing a deed that names the trust as the new owner of the property. The deed then needs to be recorded with the local county recorder's office. Once recorded, the trust is now "on title" as the legal owner of the property.
A water right may be conveyed silently as an appurtenance to the land upon which it is used (if title to both the land and the water right are in the same entity). Or, a right may be conveyed with land in a specifically described amount, or it may be conveyed separately without any land involved.
Thus, a water right is granted directly from the State to the water right owner, as depicted below. With water shares, the State issues water rights to a water company (ditch company, canal company, irrigation company, etc.). So the company is the owner of the water rights.
State statutes provide that all water is the property of the public. Rights to use water are administered through the Division of Water Rights. Much of the State of Utah is closed to new appropriations of water, so people proposing new projects may have to obtain existing rights and amend them for new developments.
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...
Deeds of Trust transactions will always involve three parties - there will be: The Beneficiary (lender) The Trustor (borrower) The Third Party Trustee (holds the legal title, often a title company)
If the title stays with the borrower this is the definition of Lien Theory and results in a non-judicial foreclosure with the Power of Sale being entrusted to a Trustee and not the lender. In a Judicial/Mortgage foreclosure, the Title is held by the lender. Utah is known as a Trust Deed and Promissory Note state.
If the title stays with the borrower this is the definition of Lien Theory and results in a non-judicial foreclosure with the Power of Sale being entrusted to a Trustee and not the lender. In a Judicial/Mortgage foreclosure, the Title is held by the lender. Utah is known as a Trust Deed and Promissory Note state.