57-13c-109. Limited effect on relocation.
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/ut/title-57/chapter-13c/57-13c-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/4/2022
57-13c-109. Limited effect on relocation.
(1)Relocation of an easement under this chapter:
(a)is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;
(b)is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under a law other than this chapter;
(c)is not a breach or default of a lease, except as otherwise determined by a court under a law other than this chapter;
(d)is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under a law other than this chapter;
(e)does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and
(f)is not a fraudulent conveyance or voidable transaction under law.
(2)This chapter does not affect any other method of relocating an easement permitted under a law of this state other than this chapter.
Enacted by Chapter 305 , 2022 General Session