As used in this chapter:

(1)  “Appurtenant easement” means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property.

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Terms Used In Utah Code 57-13c-101

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
  • Common-interest community: means :
(a) an association of unit owners, as defined in Section 57-8-3;
(b) an association, as defined in Section 57-8a-102; or
(c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101
  • Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes:
    (a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property;
    (b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses;
    (c) protecting natural resources, including wetlands, grasslands, and riparian areas;
    (d) maintaining or enhancing air or water quality;
    (e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or
    (f) any other purpose under Chapter 18, Land Conservation Easement Act. See Utah Code 57-13c-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • 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
  • Easement holder: means :
    (a) in the case of an appurtenant easement, the dominant estate owner; or
    (b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101
  • Easement in gross: means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Negative easement: means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate. See Utah Code 57-13c-101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means an individual, an estate, a business or a nonprofit entity, a public corporation, a government or governmental subdivision, an agency, or an instrumentality, or other legal entity. See Utah Code 57-13c-101
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public entity: means :
    (a) the United States;
    (b) an agency of the United States;
    (c) the state;
    (d) a political subdivision of the state; or
    (e) an agency of the state or a political subdivision of the state. See Utah Code 57-13c-101
  • Public utility: means the same as that term is defined in Section 54-2-1. See Utah Code 57-13c-101
  • Public-entity easement: means a nonpossessory property interest in which the easement holder is a public entity. See Utah Code 57-13c-101
  • Public-utility easement: includes :
    (i) an easement benefitting an intrastate utility, an interstate utility, or a utility cooperative;
    (ii) a protected utility easement as defined in Section 54-3-27; and
    (iii) a public utility easement as defined in Section 54-3-27. See Utah Code 57-13c-101
  • real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
  • Real property: includes :
    (i) the interest of a lessor and lessee; and
    (ii) an interest in a common-interest community, unless the interest is personal property under Chapter 23, Real Estate Cooperative Marketing Act. See Utah Code 57-13c-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Unit: means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community. See Utah Code 57-13c-101
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utility cooperative: includes an electric cooperative, a rural electric cooperative, a rural water district, and a rural water association. See Utah Code 57-13c-101
    • (2)  “Common-interest community” means:

    (a)  an association of unit owners, as defined in Section 57-8-3;

    (b)  an association, as defined in Section 57-8a-102; or

    (c)  a cooperative, as defined in Section 57-23-2.

    (3)  “Conservation easement” means a nonpossessory property interest created for one or more of the following conservation purposes:

    (a)  retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property;

    (b)  ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses;

    (c)  protecting natural resources, including wetlands, grasslands, and riparian areas;

    (d)  maintaining or enhancing air or water quality;

    (e)  preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or

    (f)  any other purpose under Chapter 18, Land Conservation Easement Act.

    (4)  “Dominant estate” means an estate or interest in real property benefitted by an appurtenant easement.

    (5)  “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.

    (6)  “Easement holder” means:

    (a)  in the case of an appurtenant easement, the dominant estate owner; or

    (b)  in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor.

    (7)  “Easement in gross” means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property.

    (8)  “Highway” means the same as that term is defined in Section 72-1-102.

    (9)  “Lessee of record” means a person holding a lessee’s interest under a recorded lease or memorandum of lease.

    (10)  “Negative easement” means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate.

    (11)  “Person” means an individual, an estate, a business or a nonprofit entity, a public corporation, a government or governmental subdivision, an agency, or an instrumentality, or other legal entity.

    (12)  “Public entity” means:

    (a)  the United States;

    (b)  an agency of the United States;

    (c)  the state;

    (d)  a political subdivision of the state; or

    (e)  an agency of the state or a political subdivision of the state.

    (13)  “Public-entity easement” means a nonpossessory property interest in which the easement holder is a public entity.

    (14)  “Public utility” means the same as that term is defined in Section 54-2-1.

    (15) 

    (a)  “Public-utility easement” means a nonpossessory property interest, including an easement, a right of way, a grant, a permit, a license, or a similar right, that has been granted to:

    (i)  a public utility;

    (ii)  a publicly regulated utility or a publicly owned utility under federal law or the laws of this state or a municipality;

    (iii)  an interstate utility regulated by the Federal Energy Regulatory Commission; or

    (iv)  a utility cooperative.

    (b)  “Public-utility easement” includes:

    (i)  an easement benefitting an intrastate utility, an interstate utility, or a utility cooperative;

    (ii)  a protected utility easement as defined in Section 54-3-27; and

    (iii)  a public utility easement as defined in Section 54-3-27.

    (16)  “Public transit facility” means the same as that term is defined in Section 72-1-102.

    (17) 

    (a)  “Real property” means an estate or interest in, over, or under land, including structures, fixtures, and other things that by custom, usage, or law pass with a conveyance of land whether or not described or mentioned in the contract of sale or instrument of conveyance.

    (b)  “Real property” includes:

    (i)  the interest of a lessor and lessee; and

    (ii)  an interest in a common-interest community, unless the interest is personal property under Chapter 23, Real Estate Cooperative Marketing Act.

    (18)  “Record,” used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

    (19) 

    (a)  “Security instrument” means a mortgage, a deed of trust, a security deed, a contract for deed, a lease, or other record that creates or provides for an interest in real property to secure payment or performance of an obligation, whether by acquisition or retention of a lien, a lessor’s interest under a lease, or title to the real property.

    (b)  “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.

    (20)  “Security-interest holder of record” means a person holding an interest in real property created by a recorded security instrument.

    (21)  “Servient estate” means an estate or interest in real property that is burdened by an easement.

    (22)  “Title evidence” means a title insurance policy, a preliminary title report or binder, a title insurance commitment, an abstract of title, an attorney’s opinion of title based on examination of public records or an abstract of title, or any other means of reporting the state of title to real property that is customary in the locality.

    (23)  “Unit” means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community.

    (24) 

    (a)  “Utility cooperative” means a non-profit entity whose purpose is to deliver a utility service, such as electricity, oil, natural gas, water, sanitary sewer, storm water, or telecommunications, to the non-profit entity’s customers or members.

    (b)  “Utility cooperative” includes an electric cooperative, a rural electric cooperative, a rural water district, and a rural water association.

    (25)  “Water-conveyance easement” means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage, culinary or industrial water, or a federal water project facility.

    Enacted by Chapter 305, 2022 General Session

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