Utah Easement and Right of Way for Roadway Allowing Access to Lands

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Multi-State
Control #:
US-OG-074
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Description

This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.

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FAQ

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.

Land affected or "burdened" by an easement is called a "servient estate," while the land or person benefited by the easement is known as the "dominant estate." It is the responsibility of the dominate estate holder for maintenance and upkeep of the easement.

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

Overview. An easement that arises when a landowner conveys a landlocked parcel of land to another. Common law presumes that the grantee has right to pass over the retained property if such passage is necessary to reach the granted landlocked property.

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Utah Easement and Right of Way for Roadway Allowing Access to Lands