Utah Easement for Access to Property

State:
Multi-State
Control #:
US-00495
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Word; 
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

Utah Criminal Trespass Law It is against the law in Utah to trespass on another person's private property. You may not enter or remain on private property if your intention is to: Annoy or injure another person. Cause any damage to the property, including using graffiti.

Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. It was made a Constitutional right under Article 300A. Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

Private property refers to the ownership of property by private parties - essentially anyone or anything other than the government. Private property may consist of real estate, buildings, objects, intellectual property (copyright, patent, trademark, and trade secrets).

An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land. Generally, for an implied easement to exist, there must be a need for it; if there is no need for an easement, there is no need for a property owner to give rights to access his land to others.

An easement is an interest in, or a right to use, another individual's land or property, generally for a specific, limited purpose. An easement gives one party the right to access another party's land. This access can be granted to public entities or private individuals.

The right to private property is the right to have and control the use of resources individuals require for satisfying their needs. The justification of this right is that it serves everyone's interest.

63L-3-102 Definitions. (3) "Private property" means any school or institutional trust lands and any real or personal property in this state that is protected by: (a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or (b) Utah Constitution Article I, Section 22.

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Utah Easement for Access to Property