Utah § 13c-105 - Required findings -- Order -- Recording of relocated easement.
Full text of Utah Utah Code § 13c-105 — Required findings -- Order -- Recording of relocated easement., with citation guidance and answers to common questions.
§ 13c-105. Required findings -- Order -- Recording of relocated easement.
Effective 5/4/2022 57-13c-105.
Required findings -- Order -- Recording of relocated easement.
(1)
The court may not approve relocation of an easement under this chapter unless the servient estate owner:
(a)
establishes that the easement is eligible for relocation under Section 57-13c-102; and
(b)
satisfies the conditions for relocation under Section 57-13c-103.
(2)
An order under this chapter approving relocation of an easement shall:
(a)
state that the order is issued in accordance with this chapter;
(b)
recite the recording data of the instrument creating the easement, if any, and any amendments and any notice under Chapter 9, Marketable Record Title;
(c)
identify the immediately preceding location of the easement;
(d)
describe in a legally sufficient manner the new location of the easement;
(e)
describe mitigation required of the servient estate owner during relocation;
(f)
refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(g)
specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(h)
include a provision for payment by the servient estate owner of expenses under Section 57-13c-106;
(i)
include a provision for compliance by the parties with the obligation of good faith under Section 57-13c-107; and
(j)
instruct the servient estate owner to record an affidavit, if required under Subsection 57-13c-108(1), when the servient estate owner substantially completes relocation.
(3)
An order under Subsection (2) may include any other provision consistent with this chapter for the fair and equitable relocation of the easement.
(4)
(a)
Before a servient estate owner proceeds with relocation of an easement under this chapter, the servient estate owner shall:
(i)
record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under Subsection (2); or
(ii)
if the easement was established by the recording of a subdivision plat or a condominium plat, record an amended plat in the land records for the jurisdiction where the servient estate is located.
(b)
If a servient estate owner is required to record an amended plat under Subsection (4)(a)(ii):
(i)
the servient estate owner is not required to obtain the signatures on the amended plat of the other property owners within the platted area or provide notice of the amended plat; and
(ii)
the applicable land use authority is not required to hold a public hearing or consider the amended plat in a public meeting if the easement relocation is the only amendment to the plat.
(c)
If a public entity is required to sign an amended plat, the public entity shall sign the amended plat for compliance with the order under Subsection (2).
Section 13c-105 ("Required findings -- Order -- Recording of relocated easement.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 13c-105?
A common citation format is "Utah Code § 13c-105" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 13c-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
