(1)  If an order under Section 57-13c-105 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall:

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Terms Used In Utah Code 57-13c-108

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101
    • (a)  record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and

    (b)  send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action.

    • (2)  Until an affidavit under Subsection (1) is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court’s order under Section 57-13c-105 approving relocation.

    (3)  If an order under Section 57-13c-105 does not require an improvement to be constructed as a condition of the relocation, recording the order under Subsection 57-13c-105(4) constitutes relocation.

    Enacted by Chapter 305, 2022 General Session

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