Utah Easement Law

An easement gives an easement holder a non-possessory interest in the land of another and allows him to use that land in a particular manner. Easements area classified as either appurtenant or in gross.

  1. Easements Appurtenant – An easement appurtenant benefits an adjoining parcel of land. Easements appurtenant run with the land. This means that they continue to exist regardless of who owns the land. For an easement appurtenant to exist, there must be a dominant estate and a servient estate. The land which benefits from the easement is referred to as the dominant estate. The land that is burdened by the easement is known as the servient estate.
  2. Easements in Gross – An easement in gross is a personal right to use the land of another. Easements in gross cannot be sold, assigned or transferred.

Types of Easements

Easements may be granted for various reasons and are usually identified by the benefit they bestow. Examples of easements include:

  • Solar Easements;
  • Ingress and Egress Easements;
  • Driveway Easements;
  • Light and Air Easements;
  • Utility Easements; and
  • Shopping Center Parking Area Easements.

Creation of Easements in Utah

Express Easements – An express easement is created by written agreement between a landowner and the person to whom he grants the easement. Easement agreements should specifically identify the location and size of the easement as well as the permitted use of the easement. Other provisions which may be included in an easement agreement are:

  • Duration;
  • Termination;
  • Liability and Indemnification;
  • Payment of Property Taxes and Insurance;
  • Default; and
  • Abandonment.

Easements By Prescription – Under Utah law, the requirements to prove a prescriptive easement are open, notorious, adverse, continuous use of the property over which the easement is claimed for a period of twenty years.

Easements By Necessity – An easement by necessity arises where the owner of land makes a conveyance of a part of that land which leaves either the parcel conveyed or the parcel retained landlocked. If the party claiming the easement has any other means of ingress and egress, an easement by necessity will not be found to exist.

Easements by Implication – Utah courts will find an easement by implication if a claimant proves the following four elements:

  1. Unity of title followed by severance;
  2. That at the time of severance of the unity of title, the use was apparent, visible, and obvious;
  3. The easement is reasonably necessary to the enjoyment of the dominant estate; and
  4. Use of the easement has been continuous rather than sporadic.

Easement Property Boundary Disputes

Easement disputes may arise as a result of disagreements over the use, location, size, and duration of an easement. Moreover, disputes may arise over payment of property taxes and insurance and maintenance of the easement. Other common easement disputes involve allegations of:

  • Abandonment;
  • Merger;
  • Trespass; and
  • Encroachment of Improvements.

Help from a Real Estate Attorney in UT

Resolving easement disputes is complex and requires the knowledge and expertise of a real estate attorney. A qualified real estate attorney typically represents clients in all phases of easement litigation, including settlement negotiations, arbitration and mediation, and at trial.

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