Utah Code 57-13c-109. Limited effect on relocation

(1)

Relocation of an easement under this chapter:

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Terms Used In Utah Code 57-13c-109

Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
Dominant estate: means an estate or interest in real property benefitted by an appurtenant easement. See Utah Code 57-13c-101
Easement: means a nonpossessory property interest that:

(a)	provides a right to enter, use, or enjoy real property owned by or in the possession of another; and

(b)

imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Security instrument: includes :

(i)	a security instrument that also creates or provides for a security interest in personal property;

(ii)	a modification or amendment of a security instrument; and

(iii)

a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner in a common-interest community. See Utah Code 57-13c-101

Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(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

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