Utah Notice of Final Description (Communication Systems Easement)
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How to fill out Notice Of Final Description (Communication Systems Easement)?
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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.
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.
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.
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.
