§ 57-13c-109 — Limited effect on relocation.

(1) Relocation of an easement under this chapter:

(1)(a) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;
(1)(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;
(1)(c) is not a breach or default of a lease, except as otherwise determined by a court under a law other than this chapter;
(1)(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;
(1)(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
(1)(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.

Legislative History

Enacted by Chapter 305, 2022 General Session