Section 109 – Limited effect on relocation.

• (1) Relocation of an easement under this chapter:
  • (a) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;
  • (b) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under a law other than this chapter;
  • (c) is not a breach or default of a lease, except as otherwise determined by a court under a law other than this chapter;
  • (d) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under a law other than this chapter;
  • (e) does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and
  • (f) is not a fraudulent conveyance or voidable transaction under law.

• (2) This chapter does not affect any other method of relocating an easement permitted under a law of this state other than this chapter.

Enacted by Chapter 305, 2022 General Session