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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 57. Real Estate § 57-13c-109. Limited effect on relocation - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-57-real-estate/ut-code-sect-57-13c-109/
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 before relying on it for your legal needs.
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