57-13c-102. Scope -- Exclusions.
200 words·~1 min read·
/ut/title-57/chapter-13c/57-13c-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/4/2022
57-13c-102. Scope -- Exclusions.
(1)Except as otherwise provided in Subsection
(2), this chapter applies to an easement established:
(a)by express grant or reservation; or
(b)by prescription, implication, necessity, estoppel, or other method.
(2)This chapter may not be used to relocate:
(a)a conservation easement, a negative easement, a public-entity easement, a public-utility easement, or a water-conveyance easement;
(b)an easement held by a mine operator and used in connection with a vested mining use that is recorded in accordance with Section 17-41-501 ;
(c)any easement associated in any way with a highway or a public transit facility; or
(d)an easement if the proposed location would:
(i)encroach on an area of an estate burdened by a conservation easement, a public-entity easement, a public-utility easement, a water-conveyance easement, a highway, or a public transit facility; or
(ii)interfere with the use or enjoyment of:
(A)a public-entity easement, a public-utility easement, or a water-conveyance easement; or
(B)an easement appurtenant to a conservation easement, a highway, or a public transit facility.
(3)This chapter does not apply to relocation of an easement by consent.
Enacted by Chapter 305 , 2022 General Session