Utah Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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(a) The minimum right-of-way width for all public and private roads, except fire or emergency roads, shall be sixty (60) feet.
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.
Section 57-13a-102 - Prescriptive easement for water conveyance (1) A prescriptive easement may be established if a water user has maintained a water conveyance for a period of 20 years during which the use has been: (a) continuous; (b) open and notorious; and (c) adverse.
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.
Explanation: An easement by prescription is created by using the land for 10 years without the permission of the owner.
What Constitutes Adverse Possession? There is a presumption that the person with legal title to a parcel has the right to possess and use the property. Another person may overcome that presumption and establish legal title by showing that the other person has possessed and used the property for at least seven years.
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 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).