Pioneer Builders Co. of Nevada v. K D A Corp.

INTRODUCTION

11 This case requires us to consider what constitutes constructive notice of unrecorded interests in real property under section 57-3-103 of the Utah Code (Recording Statute). Pioneer Builders (Pioneer) financed the purchase of an RV park (Property). At that time, the Property was subject to several existing recorded leases. But the Property was also subject to several unrecorded leases. When Pioneer attempted to foreclose on the property, some of the owners of the unrecorded leases (Defendants 2) argued that Pioneer could not foreclose on their lots because their interests in the…