LD 736
pg. 2
Page 1 of 2 PUBLIC Law Chapter 18 LD 736 Title Page
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LR 1161
Item 1

 
D.__Any provision of the decree intended by the court to
constitute an encumbrance against real estate, including
any conditions pertaining to the encumbrance, in the
verbatim language used by the court.__If the abstract does
not contain the provision required by this paragraph, an
encumbrance may not be considered effective against a 3rd
party unless the encumbrance has been memorialized in a
separate, duly recorded instrument; and

 
E.__A clear statement of the ownership interest of the
parties in the real estate intended by the court to result
from that decree.

 
An inconsequential failure to provide all the details required
pursuant to paragraphs A to E does not create an invalid
abstract for purposes of this section.

 
The failure of a party to record the decree or an abstract of
the decree within a time period prescribed by former Title 19,
section 725 does not affect the rights of that party as
against the other party or the other party's heirs or
devisees. The recording of the decree or abstract of the
decree has the force and effect of a quitclaim deed releasing
all interest in the real estate described in the decree or
abstract of the decree, whether the interest is in fee or by
statute.


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