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Current as of May 05, 2022 | Updated by FindLaw Staff
A servient estate owner may relocate an easement under this chapter only if the relocation does not materially:
(1) lessen the utility of the easement;
(2) after the relocation, increase the burden on the easement holder in the easement holder's reasonable use and enjoyment of the easement;
(3) impair an affirmative, easement-related purpose for which the easement was created;
(4) during or after the relocation, impair the safety of the easement holder or another person entitled to use and enjoy the easement;
(5) during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;
(6) impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate;
(7) impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate;
(8) impair a real-property interest of a lessee of record in the dominant estate; or
(9) impair a recorded real-property interest of any other person in the servient estate or dominant estate.
Cite this article: FindLaw.com - Utah Code Title 57. Real Estate § 57-13c-103. Right of servient estate owner to relocate easement - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-57-real-estate/ut-code-sect-57-13c-103/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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