The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if:
(1)
the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter;
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Terms Used In Utah Code 57-13c-110
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
Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101
(2)
the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or
(3)
the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.
