70-17-106. Extent of servitude.
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/mt/title-70/chapter-17/part-1/70-17-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
70-17-106 . Extent of servitude.
(1)Except as otherwise provided in 23-2-312 , 23-2-322 , and this section, the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired.
(2)A servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant.
(3)The holder of a written servitude may not use the servitude to grant additional rights and privileges to a successor or assignee unless the successor or assignee is specifically provided for in writing in the grant.