Utah Sample Letter for Request to Formalize Easement

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Multi-State
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US-0840LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.


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.

[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, Zip Code] Subject: Request to Formalize Easement Dear [Recipient's Name], I hope this letter finds you well. I am writing to request the formalization of an easement located in Utah. The easement in question is a vital access point that connects my property, located at [Your Property Address], to the public road [Name of Public Road]. This easement has been in use for [Number of Years] years, yet it has never been officially established. I understand that the process of formalizing an easement involves legal procedures and documentation. Therefore, I kindly request your guidance and assistance in initiating this process. I have conducted thorough research, consulted with legal professionals, and gathered all the necessary documents to support my request. Enclosed with this letter, you will find copies of the following documents: 1. Property Deed: This document proves my ownership of the property and highlights the necessity of the easement to access it. 2. Survey report: This report outlines the exact location and measurements of the easement, ensuring accuracy in its formalization. 3. Notarized Affidavits: I have obtained signed statements from neighboring property owners acknowledging the historical usage of the easement. 4. Legal Research: I have conducted extensive research on existing laws and regulations regarding easements in the state of Utah, providing a solid foundation for our case. Considering the importance of this easement and the fact that it has been in regular use for many years, it is crucial that we formalize it to secure our rights to access our property efficiently and prevent any future disputes or encroachments. I kindly request that you review the attached documents and guide me through the necessary steps to formalize this easement. Your expertise in this matter will greatly facilitate the process, and any advice or suggestions you can provide would be highly appreciated. I am willing to meet with you at your convenience to discuss the details further and address any questions or concerns you may have. Please feel free to contact me via phone at [Your Phone Number] or email at [Your Email Address]. Thank you for your attention to this matter, and I look forward to your prompt response. Sincerely, [Your Name]

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FAQ

The easement application should be accompanied by a cover letter, map, and legal description prepared by a licensed land surveyor. Upon receipt of the application, Trust Lands will conduct a preliminary review of the application and determine whether to accept or reject the application.

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.

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.

What Constitutes Adverse Possession? There is a presumption that the person with legal title to a parcel has the right to possess and use the property. Another person may overcome that presumption and establish legal title by showing that the other person has possessed and used the property for at least seven years.

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.

Explanation: An easement by prescription is created by using the land for 10 years without the permission of the owner.

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.

A public utility easement provides a public utility with: (i) the right to , maintain, operate, repair, remove, replace, or relocate public utility facilities; and. (ii) the rights of ingress and egress within the public utility easement for public utility employees, contractors, and agents.

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Utah Sample Letter for Request to Formalize Easement