| (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-101Easement 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-101Lessee of record: means a person holding a lessee's interest under a recorded lease or memorandum of lease. See Utah Code 57-13c-101Person: 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-101Security-interest holder of record: means a person holding an interest in real property created by a recorded security instrument. See Utah Code 57-13c-101Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101 |
| (2) |
after the relocation, increase the burden on the easement holder in the easement holder’s reasonable use and enjoyment of the easement; |
| (3) |
impair an affirmative, easement-related purpose for which the easement was created; |
| (4) |
during or after the relocation, impair the safety of the easement holder or another person entitled to use and enjoy the easement; |
| (5) |
during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption; |
| (6) |
impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; |
| (7) |
impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate; |
| (8) |
impair a real-property interest of a lessee of record in the dominant estate; or |
| (9) |
impair a recorded real-property interest of any other person in the servient estate or dominant estate. |
Enacted by Chapter 305, 2022 General Session
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