§ 18-11-710 — Limited effect of relocation

(a) Relocation of an easement under this subchapter: (1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate; (2) 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 law other than this subchapter; (3) is not a breach or default of a lease, except as otherwise determined by a court under law other than this subchapter; (4) 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 law other than this subchapter; (5) 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 (6) is not a fraudulent conveyance or voidable transaction under law. (b) This subchapter does not affect any other method of relocating an easement permitted under law of this state other than this subchapter.

Legislative History

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