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Terms Used In Utah Code 57-13c-107

  • Easement: means a nonpossessory property interest that:
         (5)(a) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and
         (5)(b) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101
  • Easement holder: means :
         (6)(a) in the case of an appurtenant easement, the dominant estate owner; or
         (6)(b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101
  • Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101

     After the court, under Section 57-13c-105, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.