Title 70, Title 70

(1) Except as otherwise provided in 23-2-312, 23-2-322, and this section, the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired. (2) A servitude granted, either by the terms of the grant or by the nature of the e…

In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement but not in such a way as to increase the burden upon the servient tenement.

The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements although such tenement is occupied by a tenant.

The owner of any estate in a dominant tenement or the occupant of such tenement may maintain an action for the enforcement of an easement attached thereto.

The owner in fee of a servient tenement may maintain an action for the possession of the land against any one unlawfully possessed thereof though a servitude exists thereon in favor of the public.

(1) Except as provided in subsection (2), a servitude is extinguished: (a) by the vesting of the right to the servitude and the right to the servient tenement in the same person; (b) by the destruction of the servient tenement; (c) by the performance of any act upon either teneme…

(1) A person with a canal or ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate the appropriation works. A person retains this secondary easement if the canal or ditch is converted into a pipeline and the pipeline is con…

If an existing road or road easement provides access to a lot in a platted residential subdivision, the owner of a lot or parcel in a platted residential subdivision may not obtain a prescriptive easement for ingress or egress to the lot if the prescriptive easement crosses other…

The owner of a servient tenement may place private property signage along the servitude boundary to ensure those persons or entities using the servitude understand the servitude boundary.

Acquisition by the state of land subject to a prescriptive easement does not terminate the prescriptive easement.

Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee in the same manner as if they had personally entered into them. Such coven…

The only covenants which run with the land are those specified in this part and those which are incidental thereto.

(1) Except as provided in 70-1-522 and 70-17-212, every covenant contained in a grant of an estate in real property that is made for the direct benefit of the property or some part of the property then in existence runs with the land. (2) Subsection (1) includes: (a) covenants of…

Except as provided in 70-1-522, a covenant running with the land binds only those who acquire the whole estate of the covenantor in some part of the property.

A person, merely by reason of having acquired an estate subject to a covenant running with the land, is not liable for a breach of the covenant before the person acquired the estate or after the person has parted with the estate or ceased to enjoy its benefits.

Except as provided in 70-1-522, if several persons holding by several titles are subject to the burden or entitled to the benefits of a covenant running with the land, the covenant must be apportioned among them according to the value of the property subject to it held by them re…

(1) The following persons may initiate a legal action to enforce covenants, conditions, or restrictions: (a) a party to an agreement containing real property covenants, conditions, or restrictions or the party's successors in interest; (b) the owner of an interest in real propert…

The legislature finds and declares that transfer fee covenants, as defined in 70-17-212, impair the marketability and transferability of real property by constituting an unreasonable restraint on alienation regardless of the duration of the covenants or the amount of the transfer…

(1) A transfer fee covenant or any lien that is recorded or filed to enforce a transfer fee under a transfer fee covenant does not run with the title to real property and is not binding upon or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee …

For residential property subject to a covenant, providing child care in a family day-care home as defined in 52-2-703 or a group day-care home as defined in 52-2-703 is a residential use of property and is a residential purpose.

An easement obtained for the purpose of exposure of a solar energy device must be created in writing and is subject to the same conveyancing and instrument recording requirements as other easements on real property.

An instrument creating a solar easement must specify at least: (1) the vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement; and (2) any terms or conditions under which the solar easement is…

This part may be cited as the "Wind Energy Rights Act".

As used in this part, the following definitions apply: (1) "Wind easement" means the right granted by the owner of real property to a wind energy developer guaranteeing the developer the right to use the real property legally described in a wind energy agreement and the wind reso…

(1) A property owner may grant a wind easement in the same manner and with the same effect as the conveyance of an interest in real property. (2) The wind easement runs with the real property on and over which the wind resource flows. (3) A wind easement terminates under the term…

(1) A wind energy right in the wind resource located on and flowing over the real property, including without limitation a royalty, if applicable, associated with the production of wind energy may not be severed from the real property even though a wind easement may be created pu…

(1) A wind option agreement executed after April 21, 2011, must contain but is not limited to: (a) the names and addresses of the parties to the wind option agreement; (b) a legal description of the real property subject to the wind option agreement; (c) the specified term beyond…

(1) A wind energy agreement executed after April 21, 2011, must contain but is not limited to: (a) the names and addresses of the parties to the wind energy agreement; (b) a legal description of the real property subject to the wind easement and contained in the wind energy agree…

This part may not be construed to alter, amend, diminish, or invalidate wind energy rights acquired by contract, agreement, or lease prior to April 21, 2011.

This part may not be construed to: (1) change or alter common law in accordance with 1-1-108 as it relates to the rights belonging to or the dominance of the mineral estate; or (2) change or alter common law or statutory provisions regarding the ownership of surface or subsurface…

(1) (a) A homeowners' association may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of a member's real property than those restrictions that existed when the member acquired the mem…