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