Utah Easement for Streets and Roads

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Multi-State
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US-EAS-6
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Word; 
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Description

This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.

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

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

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.

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 appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

To establish a prescriptive easement, a person must show, ?by clear and convincing evidence,? Buckley v. Cox, 247 P. 2d 277, 279-80 (Utah 1952), that his ?use of another's land was open, continuous, and adverse under a claim of right for a period of twenty years.? Valcarce v.

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.

In order to formally establish the easement as a property right, the owner would need to either enter an agreement with the owner of the property being used for the easement, or file an action in court to prove that the easement right has been established.

To establish a prescriptive easement, a person must show, ?by clear and convincing evidence,? Buckley v. Cox, 247 P. 2d 277, 279-80 (Utah 1952), that his ?use of another's land was open, continuous, and adverse under a claim of right for a period of twenty years.? Valcarce v.

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Utah Easement for Streets and Roads