If a lien attaches to an interest in land:

(1)  which is less than the fee interest, including the interest of an optionee or farmoutee, termination of the interest in the land does not impair any lien which attaches prior to termination as to the owner‘s continuing interest, if any, in appurtenances and fixtures previously located on the land; or

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Terms Used In Utah Code 38-10-103

  • Land: includes :Utah Code 68-3-12.5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Owner: means a person holding any operating right, working interest, or interest in the legal or equitable title, to any real property, mine, oil lease, gas lease, well, or any combination of these, unless otherwise provided in this chapter. See Utah Code 38-10-101
(2)  which interest is contingent upon the happening of a condition subsequent, failure of the interest to ripen into legal title, or failure of the occurrence of the condition subsequent does not impair any lien as to the owner’s continuing interest, if any, in appurtenances and fixtures located on the land to which the lien attached prior to the failure.

Enacted by Chapter 170, 1987 General Session