Utah Code § 38-3 § 38-3-8
When chapter not applicable.
Operative Text
When chapter not applicable. This chapter shall not be applicable to a written lease for a term of years in which, as part of the consideration thereof, the lessee or assigns shall erect a building or improvements upon the leased premises.
Utah Code Ann. § 38-3-8 carves out an exception to the lien and related protections established elsewhere in Utah Code Title 38, Chapter 3. Specifically, the chapter's rules do not apply when a written lease for a fixed term includes, as part of the deal, an obligation for the tenant or their successors to construct a building or other improvements on the leased property. In other words, ground leases and similar long-term arrangements where construction is a core part of the bargain fall outside this chapter's scope.
Plain English — not legal advice.
Under Utah Code Ann. § 38-3-8, property owners who enter into written leases requiring the tenant or their assigns to erect buildings or improvements as part of the lease consideration should be aware that the protections and obligations of Utah Code Title 38, Chapter 3 will not govern that arrangement. Operators structuring such ground leases or build-to-suit agreements generally document the construction obligation clearly within the lease itself to establish that the exemption applies. Understanding which statutory framework does and does not apply helps owners structure their agreements and lien-related expectations appropriately.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 38-3-8 means that tenants who have signed a written lease requiring them or their assigns to construct a building or improvements on the property as part of the lease consideration are not covered by the provisions of Utah Code Title 38, Chapter 3. This can affect what rights and remedies are available under that chapter in disputes related to the leased premises. Tenants in such arrangements may wish to consult a tenant-rights organization or legal professional to understand which other statutory or common-law protections may apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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