Effective 5/4/2022 57-13c-102. Scope — Exclusions. (1) Except as otherwise provided in Subsection (2), this chapter applies to an easement established: (a) by express grant or reservation; or (b) by prescription, implication, necessity, estoppel, or other method. (2) This chapter may not be used to relocate: (a) a conservation easement, a negative easement, a public-entity […]
Effective 5/4/2022 57-13c-103. Right of servient estate owner to relocate easement. A servient estate owner may relocate an easement under this chapter only if the relocation does not materially: (1) lessen the utility of the easement; (2) after the relocation, increase the burden on the easement holder in the easement holder’s reasonable use and enjoyment […]
Effective 5/4/2022 57-13c-104. Commencement of civil action. (1) To obtain an order to relocate an easement under this chapter, a servient estate owner shall commence a civil action. (2) (a) Except as provided in Subsection (2)(b), a servient estate owner that commences a civil action under Subsection (1) shall serve a summons and complaint on: […]
Effective 5/4/2022 57-13c-105. Required findings — Order — Recording of relocated easement. (1) The court may not approve relocation of an easement under this chapter unless the servient estate owner: (a) establishes that the easement is eligible for relocation under Section 57-13c-102; and (b) satisfies the conditions for relocation under Section 57-13c-103. (2) An order […]
Effective 5/4/2022 57-13c-106. Expenses of relocation. A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of: (1) constructing improvements on the servient estate or dominant estate in accordance with an order under Section 57-13c-105; (2) removing and demolishing any existing improvements on the dominant […]
Effective 5/4/2022 57-13c-107. Duty to act in good faith. After the court, under Section 57-13c-105, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this […]
Effective 5/4/2022 57-13c-108. Relocation affidavit. (1) If an order under Section 57-13c-105 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall: (a) record, in […]
Effective 5/4/2022 57-13c-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 […]
Effective 5/4/2022 57-13c-110. Nonwaiver. The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if: (1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter; (2) the instrument creating the easement requires consent […]
Effective 5/4/2022 57-13c-111. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the uniform law with respect to the uniform law’s subject matter among the states that enact the uniform law. Enacted by Chapter 305, 2022 General Session
Effective 5/4/2022 57-13c-112. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of […]
Effective 5/4/2022 57-13c-113. Transitional provision. This chapter applies to an easement created before, on, or after May 4, 2022. Enacted by Chapter 305, 2022 General Session
Effective 5/4/2022 57-13c-114. Severability. If any provision of this chapter or the application of the chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this […]
