§ 18-11-704 — Right of servient estate owner to relocate easement

A servient estate owner may relocate an easement under this subchapter 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 its 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 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 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; or (7) impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate, impair a real-property interest of a lessee of record in the dominant estate, or impair a recorded real-property interest of any other person in the servient estate or dominant estate.

Legislative History

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.