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Utah Code Title 57. Real Estate § 57-13c-102. Scope--Exclusions

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Utah Code Title 57. Real Estate § 57-13c-102. Scope--Exclusions - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-57-real-estate/ut-code-sect-57-13c-102/

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