§ 18-11-707 — Expenses of relocation

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this subchapter, including the expense of: (1) constructing improvements on the servient estate or dominant estate in accordance with an order under § 18-11-706 ; (2) during the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement; (3) obtaining a governmental approval or permit to relocate the easement and construct necessary improvements; (4) preparing and recording the certified copy required by § 18-11-706(d) and any other document required to be recorded; (5) any title work required to complete the relocation or required by a party to the civil action as a result of the relocation; (6) applicable premiums for title insurance related to the relocation; (7) any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under § 18-11-706(b)(6) ; (8) payment of any maintenance cost associated with the relocated easement which is greater than the maintenance cost associated with the easement before relocation; and (9) obtaining any third-party consent required to relocate the easement.

Legislative History

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