70-17-101. Servitudes attached to land. The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances and are then called easements: (1) the right of pasture; (2) the right of fishing; (3) the right of taking game; (4) the right-of-way; (5) the right of taking water, wood, minerals, and other things; (6) the right of […]
70-17-102. Servitudes not attached to land. The following land burdens or servitudes upon land may be granted and held though not attached to land: (1) the right of pasture and of fishing and taking game; (2) the right of a seat in church; (3) the right of burial; (4) the right of taking rents and tolls; (5) the right-of-way; (6) the right […]
70-17-103. Dominant and servient tenement. The land to which an easement is attached is called the dominant tenement. The land upon which a burden or servitude is held is called the servient tenement. History: En. Sec. 1252, Civ. C. 1895; re-en. Sec. 4509, Rev. C. 1907; re-en. Sec. 6751, R.C.M. 1921; Cal. Civ. C. Sec. 803; Field […]
70-17-104. Who may grant servitude. A servitude can be created only by one who has a vested estate in the servient tenement. History: En. Sec. 1253, Civ. C. 1895; re-en. Sec. 4510, Rev. C. 1907; re-en. Sec. 6752, R.C.M. 1921; Cal. Civ. C. Sec. 804; Field Civ. C. Sec. 248; re-en. Sec. 6752, R.C.M. 1935; R.C.M. 1947, […]
70-17-105. Who may not hold servitude. A servitude thereon cannot be held by the owner of the servient tenement. History: En. Sec. 1254, Civ. C. 1895; re-en. Sec. 4511, Rev. C. 1907; re-en. Sec. 6753, R.C.M. 1921; Cal. Civ. C. Sec. 805; Field Civ. C. Sec. 249; re-en. Sec. 6753, R.C.M. 1935; R.C.M. 1947, 67-605.
70-17-106. Extent of servitude. (1) Except as otherwise provided in 23-2-312, 23-2-322, and this section, the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired. (2) A servitude granted, either by the terms of the grant or by the nature of the enjoyment, […]
70-17-107. Apportionment of burden upon partition of dominant tenement. In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement but not in such a way as to increase the burden upon the servient tenement. History: En. Sec. 1256, Civ. C. 1895; re-en. Sec. 4513, Rev. C. […]
70-17-108. Rights of owner of future estate in dominant tenement. The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements although such tenement is occupied by a tenant. History: En. Sec. 1257, Civ. C. […]
70-17-109. Who may bring action to enforce easement. The owner of any estate in a dominant tenement or the occupant of such tenement may maintain an action for the enforcement of an easement attached thereto. History: En. Sec. 1258, Civ. C. 1895; re-en. Sec. 4515, Rev. C. 1907; re-en. Sec. 6757, R.C.M. 1921; Cal. Civ. C. Sec. […]
70-17-110. Action by owner of servient tenement for possession. The owner in fee of a servient tenement may maintain an action for the possession of the land against any one unlawfully possessed thereof though a servitude exists thereon in favor of the public. History: En. Sec. 1259, Civ. C. 1895; re-en. Sec. 4516, Rev. C. 1907; re-en. […]
70-17-111. How servitude extinguished. (1) Except as provided in subsection (2), a servitude is extinguished: (a) by the vesting of the right to the servitude and the right to the servient tenement in the same person; (b) by the destruction of the servient tenement; (c) by the performance of any act upon either tenement by the owner of the […]
70-17-112. Interference with canal or ditch easements prohibited. (1) A person with a canal or ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate the appropriation works. (2) A person may not encroach upon or otherwise impair any easement for a canal or ditch used for irrigation […]
70-17-113. Prohibited easement. If an existing road or road easement provides access to a lot in a platted residential subdivision, the owner of a lot or parcel in a platted residential subdivision may not obtain a prescriptive easement for ingress or egress to the lot if the prescriptive easement crosses other lots or parcels in the […]
70-17-114. Easement signage. The owner of a servient tenement may place private property signage along the servitude boundary to ensure those persons or entities using the servitude understand the servitude boundary. History: En. Sec. 1, Ch. 453, L. 2021.
