Title 57, Real Estate

57-13c-103. Right of servient estate owner to relocate easement. A servient estate owner may relocate an easement under this chapter only if the relocation does not materially: (1) lessen the utility of the easement; (2) after the relocation, increase the burden on the easement h…

57-13c-104. Commencement of civil action. (1) To obtain an order to relocate an easement under this chapter, a servient estate owner shall commence a civil action. (2)(a) Except as provided in Subsection (2)(b), a servient estate owner that commences a civil action under Subsecti…

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) s…

57-13c-106. Expenses of relocation. A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of: (1) constructing improvements on the servient estate or dominant estate in accordance with an order under …

57-13c-107. Duty to act in good faith. 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 fai…

57-13c-108. Relocation affidavit. (1) If an order under Section 57-13c-105 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the …

57-13c-109. Limited effect on relocation. (1) Relocation of an easement under this chapter: (a) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate; (b) is not a breach or default of, and does not trigger, a due-on-sale clause or othe…

57-13c-110. Nonwaiver. The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if: (1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of…

57-13c-111. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the uniform law with respect to the uniform law's subject matter among the states that enact the uniform law.

57-13c-112. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of t…

57-13c-113. Transitional provision. This chapter applies to an easement created before, on, or after May 4, 2022.

57-13c-114. Severability. If any provision of this chapter or the application of the chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or ap…

57-14-101. Title -- Purpose. (1) This chapter is known as "Limitations on Landowner Liability." (2) The purpose of this chapter is to limit the liability of public and private land owners toward a person entering the owner's land as a trespasser or for recreational purposes, whet…

57-14-102. Definitions. As used in this chapter: (1) "Charge" means the admission price or fee asked in return for permission to enter or go upon the land. (2) "Child" means an individual who is 16 years old or younger. (3)(a) "Land" means any land within the state boundaries. (b…

57-14-201. Owner owes no duty of care or duty to give warning -- Exceptions. Except as provided in Subsections 57-14-204(1) and (2), an owner of land owes no duty of care to keep the land safe for entry or use by any person entering or using the land for any recreational purpose …

57-14-202. Use of private land without charge -- Effect. (1) Except as provided in Subsection 57-14-204(1), an owner of land who either directly or indirectly invites or permits without charge, or for a nominal fee of no more than $1 per year, any person to use the owner's land f…

57-14-203. Land leased to state or political subdivision for recreational purposes. Unless otherwise agreed in writing, Sections 57-14-201 and 57-14-202 are applicable to the duties and liability of an owner of land leased to the state or any subdivision of the state for recreati…

57-14-204. Liability not limited where willful or malicious conduct involved or admission fee charged. (1) Nothing in this part limits any liability that otherwise exists for: (a) willful or malicious failure to guard or warn against a dangerous condition, use, structure, or acti…

57-14-205. Person using land of another not relieved from duty to exercise care. This part may not be construed to relieve any person, using the land of another for recreational purposes, from any obligation which the person may have in the absence of this chapter to exercise car…

57-14-301. Owner liability to trespasser. (1) Except as provided in Subsection (2), with respect to a trespasser, an owner does not: (a) make any representation or extend any assurance that the land is safe for any purpose; (b) owe any duty of care to the trespasser; (c) assume r…

57-14-401. Activities with a recreational purpose on certain lands. (1) Notwithstanding Section 57-14-202 to the contrary, a person may not make a claim against or recover from an owner of any land, including land in developed or improved, urban or semi-rural areas opened to the …

57-14-501. Limitation of award of noneconomic damages. (1) In an action arising on or after May 14, 2019, against an owner of land for an injury to a person or damage to property, if a plaintiff is awarded noneconomic losses, the amount of the award for noneconomic losses may not…

57-16-1. Short title. This act shall be known and may be cited as the "Mobile Home Park Residency Act."

57-16-10. Utility service to mobile home parks -- Limitation on providers' charges. Local water, sewer, and sanitation entities, including those administered by municipalities and counties which provide water, sewer, or garbage collection services shall not receive a greater perc…

57-16-11. Rights and remedies not exclusive. The rights and remedies granted by this chapter are cumulative and not exclusive.

57-16-12. Waiver of rights and duties prohibited. No park or resident may agree to waive any right, duty, or privilege conferred by this chapter.

57-16-13. Abandonment. Abandonment of a mobile home space and a mobile home within a mobile home park is presumed in either of the following situations: (1)(a) the resident or occupant of the mobile home has not notified the park that the resident or occupant will be absent from …

57-16-14. Abandoned premises -- Retaking by owner -- Liability of resident or occupant -- Personal property of resident or occupant left on mobile home space. (1) In the event of abandonment under Section 57-16-13, the park may retake the mobile home space and attempt to relet th…

57-16-15. Eviction proceeding. (1) Eviction proceedings commenced under this chapter and based on causes of action set forth in Subsections 57-16-5(1)(a), (b), and (e), and eviction proceedings commenced under this chapter based on causes of action set forth in Subsections 57-16-…

57-16-16. Mobile home park residents' associations. (1) As used in this section: (a) "Park operator" means an owner, operator, or manager of a mobile home park, including an employee, agent, or independent contractor of the owner, operator, or manager. (b) "Primary resident assoc…

57-16-17. Authority of political subdivisions. This chapter does not prevent a city, county, or municipality from mediating and enforcing state statutes governing a mobile home park.

57-16-18. Notice required for change in land use or condemnation -- Local ordinances forbidden. (1)(a) The owner of a mobile home park shall send notice using first-class mail to each resident of the mobile home park of any planned change in land use or condemnation of the park o…

57-16-19. Violation of chapter by a mobile home park -- Remedies for a resident -- Attorney fees and costs. (1) A mobile home park resident may bring a cause of action against a mobile home park for damages or injunctive relief arising from a violation of this chapter. (2) A cour…

57-16-2. Purpose of chapter. The fundamental right to own and protect land and to establish conditions for its use by others necessitate that the owner of a mobile home park be provided with speedy and adequate remedies against those who abuse the terms of a tenancy. The high cos…

57-16-3. Definitions. As used in this chapter: (1) "Amenities" means the following physical, recreational or social facilities located at a mobile home park: (a) a club house; (b) a park; (c) a playground; (d) a swimming pool; (e) a hot tub; (f) a tennis court; or (g) a basketbal…

57-16-4. Termination of lease or rental agreement -- Required contents of lease -- Increases in rents or fees -- Required disclosures -- Sale of homes -- Notice regarding planned reduction or restriction of amenities. (1) A mobile home park or its agents may not terminate a lease…

57-16-4.1. Meeting to attempt resolution of disputes. (1) If a mobile home park determines that a resident has failed to comply with a mobile home park rule, the mobile home park may not terminate the lease agreement or commence legal proceedings without first giving a written no…

57-16-5. Cause required for terminating lease -- Causes -- Cure periods -- Notice. (1) An agreement for the lease of mobile home space in a mobile home park may be terminated by mutual agreement or for any one or more of the following causes: (a) failure of a resident to comply w…

57-16-6. Action for lease termination -- Prerequisite procedure. A legal action to terminate a lease based upon a cause set forth in Section 57-16-5 may not be commenced except in accordance with the following procedure: (1) Before issuance of any summons and complaint, the mobil…

57-16-7. Rules of parks. (1)(a)(i) Subject to Subsection (1)(a)(ii), a mobile home park may make rules related to the health, safety, and appropriate conduct of residents and to the maintenance and upkeep of the mobile home park. (ii) A mobile home park may not make a rule that i…

57-16-7.5. Payment of rent required after notice -- Summary judgment. (1)(a) Any resident shall continue to pay the mobile home park all rent required by the lease after having been served with any notice pursuant to this chapter, except a notice for nonpayment of rent. (b) In ca…

57-16-8. Payment of rent and fees during pendency of eviction proceeding. If a resident elects to contest an eviction proceeding, all rents, fees, and service charges due and incurred during the pendency of the action shall be paid into court according to the current mobile home …

57-16-9. Lienholder's liability for rent and fees. (1) Notwithstanding Sections 38-3-2 and 70A-9a-402, the lienholder of record of a mobile home, or if there is no lienholder, the owner of a mobile home, is primarily liable to the mobile home park owner or operator for rent and s…

57-17-1. Return or explanation of retainage upon termination of tenancy. Owners or designated agents requiring deposits however denominated from renters leasing or renting residential dwelling units shall either return those deposits at the termination of the tenancy or provide t…

57-17-2. Non-refundable deposit -- Written notice required. If there is a written agreement and if any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken by the owner or designated agent.

57-17-3. Deductions from deposit -- Written itemization -- Time for return. (1) Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other c…