Utah Easement or Right of Way for Access to Property is a legal concept that grants individuals or entities the right to access a property that is not under their ownership. This access is usually necessary due to the absence of a direct public road or driveway leading to the property. In other words, an easement or right of way provides a legal pathway for individuals to reach their landlocked property. There are several types of easements or rights of way that exist in Utah: 1. Appurtenant Easement: This type of easement is attached to the ownership of a particular property and benefits its owner. For example, if Property A has no direct access to a public road, but there is a roadway on neighboring Property B, the owner of Property A may have an appurtenant easement allowing them to use that roadway for access. 2. Easement by Necessity: This easement is granted when there is no other reasonable way to access a property except through an adjacent property. For instance, if a landlocked property is wedged between two other properties and cannot be accessed without crossing one of them, an easement by necessity may be established. 3. Easement by Prescription: Also known as a prescriptive easement, it is acquired by continuous and uninterrupted use of another person's property for a specific period, typically 20 years. If an individual consistently and openly uses a specific pathway to access their property over an extended period, it may result in the establishment of an easement by prescription. 4. Easement in Gross: This type of easement does not benefit a specific property but a particular individual or entity. For example, a utility company might have an easement in gross to access a property and maintain their infrastructure such as power lines or pipelines. 5. Conservation Easement: This is a special type of easement that is voluntarily created by the landowner to preserve natural resources or restrict certain types of development on their property. Conservation easements are often established to protect critical habitats, scenic views, or cultural heritage. In Utah, establishing an easement or right of way typically requires a legal agreement or deed recorded with the county recorder's office. It is important to consult with an experienced attorney to ensure the proper creation and documentation of an easement, as well as to understand the rights and responsibilities associated with it.
Utah Easement or Right of Way for Access to Property
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FAQ
The Prescriptive Road Statute is found in § 72-5-104 of the Utah Code. It is also referred to as the ?road by use? statute. Essentially, the statute provides that a road crossing private property becomes a public right-of-way if it is used by the public continuously for at least 10 years.
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.
Acquiring a prescriptive easement is analogous to acquiring property by adverse possession, except that the use need not be exclusive (i.e., the user may share the use with the owner or other easement claimants).
To acquire a prescriptive right to a private way over land, it is necessary to show the uninterrupted use of a permanent way, not over 15 (now 20) feet wide, kept open and in repair for seven years.
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.
In order for a court to grant an easement by necessity, the landowner of the landlocked property must prove two things: (1) unity of title, and (2) that the easement is reasonably necessary to the enjoyment of the landlocked property. [3] After that, they can legally access their land by the neighboring landowner.
Section 57-13a-102 - Prescriptive easement for water conveyance (1) A prescriptive easement may be established if a water user has maintained a water conveyance for a period of 20 years during which the use has been: (a) continuous; (b) open and notorious; and (c) adverse.