Utah Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)
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A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold. Right Of Way Easements Made Easy - Rocket Mortgage rocketmortgage.com ? right-of-way-easement rocketmortgage.com ? right-of-way-easement
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. The differences between expressed and implied easements patrickburnslaw.com ? blog ? 2015/12 ? the... patrickburnslaw.com ? blog ? 2015/12 ? the...
For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.
For example, in a case where a landowner sold one parcel while retaining ownership of another, yet failed to reserve any water lines to service his home, the court held that a prior use easement existed.
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). Easements - Utah Property Rights Ombudsman utah.gov ? find-the-law ? legal-topics utah.gov ? find-the-law ? legal-topics
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. Appurtenant Easement Law - Free 15 Minute Consultation equitylegalllp.com ? appurtenant-easements equitylegalllp.com ? appurtenant-easements
An example of an implied easement is when one owner uses a dirt road over a neighbor's property to access a lake for years. There is no express permission or grant of that right, but it is implied that there is an easement to access the lake by the conduct of the parties.
Elements. The elements needed to establish an implied easement by necessity are: (1) unity of ownership prior to separation, meaning both estates were once owned as a single unit or tract and (2) necessity for the easement at the time of severance. The traditional view requires strict necessity.
