Utah Easement or Right of Way for Access to Property
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How to fill out 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.