38-10-109.
234 words·~1 min read·
/ut/title-38/chapter-10/38-10-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
38-10-109. Limitation on liability for other owners in production unit if notice provided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does not affect other defenses.
(1)Where work is performed or materials or equipment are furnished for any production unit under a contract with an owner of an interest in the production unit, any interest of any other owner in the production unit shall not be subject to a lien under this chapter, if such other owner gives written notice that the other owner will not be responsible for work performed or materials or equipment provided.
(2)Written notice shall be:
(a)in recordable form;
(b)filed with the county recorder of the county where the production unit is located; and
(c)filed within 10 working days after the latter of:
(i)the owner obtaining knowledge of the performance of such work or the providing of such materials or equipment; or
(ii)the execution by the last party of:
(A)a farmout agreement;
(B)a lease or sublease;
(C)an operating agreement;
(D)an assignment of less than 100% of the lessee's interest or operating rights under a lease;
(E)a sales contract; or
(F)an option agreement.
(3)Failure to file under this section shall not impair any other defense available to such owner.
Amended by Chapter 302 , 2025 General Session