Except as otherwise provided in Subsection (2), this chapter applies to an easement established:
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Terms Used In Utah Code 57-13c-102
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
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
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
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. See Utah Code 57-13c-101
(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 easement, a public-utility easement, or a water-conveyance easement;
(b)
an easement held by a mine operator and used in connection with a vested mining use that is recorded in accordance with Section 17-41-501;
(c)
any easement associated in any way with a highway or a public transit facility; or
(d)
an easement if the proposed location would:
(i)
encroach on an area of an estate burdened by a conservation easement, a public-entity easement, a public-utility easement, a water-conveyance easement, a highway, or a public transit facility; or
(ii)
interfere with the use or enjoyment of:
(A)
a public-entity easement, a public-utility easement, or a water-conveyance easement; or
(B)
an easement appurtenant to a conservation easement, a highway, or a public transit facility.
(3)
This chapter does not apply to relocation of an easement by consent.
