Utah Amendment to Easement and Right-of-Way

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Multi-State
Control #:
US-OG-072
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Word; 
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Description

This form may be used to amend an existing easement or right of way, providing options as to the manner in which the easement is to be amended.

Utah Amendment to Easement and Right-of-Way refers to the process of making changes or modifications to an existing easement or right-of-way agreement in the state of Utah. Easements and right-of-ways are legal agreements that allow individuals or organizations to use a portion of someone else's property for specific purposes, such as access, utilities, or transportation. Keywords: Utah, Amendment, Easement, Right-of-Way, modification, changes, legal agreement, property, access, utilities, transportation. Types of Utah Amendment to Easement and Right-of-Way: 1. Modification of Easement: This type of amendment involves altering the terms, scope, or conditions of an existing easement. It may include changes to allowed uses, restrictions, duration, or any other aspect defined in the original agreement. Common reasons for modification could be adjusting boundaries, allowing additional utilities, or expanding access rights. 2. Expansion of Easement: When the current easement's limitations no longer suffice, the easement holder may seek an amendment to expand their rights, allowing broader usage, such as adding more access points or increasing the size of the area covered by the easement. This type of amendment typically requires negotiations and may involve compensation for the affected property owner. 3. Termination or Release of Easement: In certain circumstances, an easement holder or the property owner may wish to terminate or release the easement entirely. This amendment involves extinguishing the easement legally, revoking all rights and obligations associated with it. It may require mutual agreement or a court order if there is a dispute between the parties involved. 4. Abandonment and Relocation of Right-of-Way: When there is a need to change the location or route of an existing right-of-way, an amendment may be necessary to abandon the current route and establish a new right-of-way elsewhere. This process involves negotiations, alternative route assessments, and potential compensation to affected parties due to changes in utilities, access, or property values. 5. Conversion of Easement to Right-of-Way: When the usage of an area covered by an easement requires broader public access, an amendment could be sought to convert the existing easement into a right-of-way. This allows public or government entities to have controlled access for infrastructure projects like roads, bridges, pipelines, or railroads. Regardless of the type, all amendments to easements and right-of-ways in Utah typically involve proper legal documentation, the consent of all affected parties, and may require regulatory approvals or court proceedings if disputes arise. It is crucial to consult with qualified legal professionals experienced in Utah real estate laws to navigate these processes accurately.

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FAQ

Vacating a street, right-of-way, or easement. (b) the signature of each owner under Subsection (1)(a) who consents to the vacation. (b) the public interest or any person will be materially injured by the proposed vacation.

The road right-of-way is generally 66 feet (33 feet on either side of the center line of the road). Rights-of-way may be narrower or wider in certain situations.

An easement is an interest in land belonging to another person, so that the easement owner has a limited right to use or enjoy the other person's property. Common easements include rights of way for access, or the right to cross property (including easements for utility service or water conveyance).

If you are involved in an accident and believe another driver violated the law regarding right of way, you may be able to claim compensation for your injuries from your insurance company. All major highways have a 50-foot right-of-way line on each side that runs parallel to the centerline.

The highway right-of-way line on each side of all major highways is established as 50 feet from the centerline (Total right-of-way width: 100 feet).

(a) The minimum right-of-way width for all public and private roads, except fire or emergency roads, shall be sixty (60) feet.

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.

Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.

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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 ... (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is processed as established in ...This notice must: 1. Be executed by each owner included in the exchange and the planning commission;. 2. Contain an acknowledgment for each party executing the ... State of Utah shall prepare the Amended Plat. ... (9) _____ All lots, blocks, rights-of-way and easements (including open space) created by the subdivision with ... This Agreement amends the Interlocal Agreement executed on February 21, 2007 (hereinafter the. "Agreement") by and among Wasatch County, Utah, ... Procedure. 1. The attached application is to be filled out, signed by all property owners, and returned to the City. Engineer with a fee of $220.00 along ... A right of way easement is duly recorded on the public records with a specific legal description. The easement therefore burdens lands owned by some landowner. State law governs the process to wholly vacate a utility easement. Amendments to utility easements can be made in the normal platting process, with the consent ... May 18, 2022 — The applicant previously requested a rezone from R-1-10 to R-1-21 to accommodate a proposed land consolidation that will consist of annexing ... right-of-way and easement grant of record for underground facilities, as defined in Utah. Code Section 54-8a-2, and for other utility facilities, is ...

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Utah Amendment to Easement and Right-of-Way