Wykoff v. Barton

646 P.2d 756, 1982 Utah LEXIS 975
CourtUtah Supreme Court
DecidedMay 19, 1982
Docket17287
StatusPublished
Cited by13 cases

This text of 646 P.2d 756 (Wykoff v. Barton) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wykoff v. Barton, 646 P.2d 756, 1982 Utah LEXIS 975 (Utah 1982).

Opinions

DURHAM, Justice:

This case was brought as a quiet title action to determine the rights of various parties in a right-of-way reserved by deed over a parcel of real property owned by defendant Ida Rose Barton. In 1973, a Utah corporation known as BAFCO, Inc. (not a party to this action), conveyed a parcel of real property to G. Devon Barton (now deceased) and the defendant Ida Rose Barton by warranty deed. The grantor reserved to itself a right-of-way over a portion of the property in the following language:

RESERVING unto the grantor, its successors and assigns, a right of way for ingress and egress over the Easterly 25.0 feet of said property.

In 1974, BAFCO, Inc., conveyed an adjacent parcel of real property to the plaintiffs, Edward W. and Nancy D. Wykoff, by warranty deed. The conveyance included the right-of-way reserved in the Barton deed. Also in 1974, BAFCO, Inc., conveyed another parcel of real property, adjoining the Wykoff property on the north, to plaintiffs J. D. and Patricia J. Apgood by warranty deed, without including therein any grant of the right-of-way referred to in the Barton deed. In 1979, BAFCO, Inc., conveyed by quit-claim deed a right to use the right-of-way in question to the Apgoods. The court below found, and the record shows, that at the time of the Barton conveyance, the grantor intended to reserve a private right of use for ingress and egress, including foot and vehicular traffic associated with the use of his residential property and the transport of farm animals permitted by local zoning. Neither the language of the reservation in the Barton deed, nor the circumstances surrounding its making, indicate that it created a general right-of-way for all purposes. The president of BAFCO, Inc., testified at trial that his intent in the conveyance to Wykoff of the right-of-way use over the Barton property was “to allow him a right of way to bring his equipment and items that he may want to bring in and maintain ditches or vehicles or whatever that he intended to go to the back of his property.” There was no intent to permit the construction of a street or roadway, either at the time of the Barton deed or the later transfers to plaintiffs.

During the years after the conveyance to them, and up until sometime in 1978, the Bartons maintained fences around their entire piece of property, including the right-of-way portion, and consistently used it for grazing livestock and for gardening. In fact, Mrs. Barton installed a shed and a chicken coop which impinged to some extent on the right-of-way. The Bartons had purchased the property with a view to keeping livestock and farming and had been informed (by their real estate agent) at the time of the purchase that the right-of-way would be used only for ingress and egress by an occasional vehicle to mend fences or to convey animal stock.

No attempt was made to use the right-of-way for any purpose until 1978, when plaintiffs requested access for a horse to be pastured on the Wykoff property. A disagreement arose over the scope of the use which plaintiffs could make of the right-of-way, which resulted shortly thereafter in plaintiffs’ removing defendant’s fence and placing sand and gravel on the right-of-way [758]*758preparatory to the construction of a road. The sand covered an irrigation ditch which had been used by defendant to get water onto her pasture from adjoining property.

Without a fence, defendant was unable to keep livestock on her property. Plaintiff Wykoff s intent was to construct a road on the right-of-way to provide access to the rear portion of his property in order to subdivide it and build homes thereon. Defendant resisted any further construction on the right-of-way, and this lawsuit resulted.

The trial court found that plaintiffs are entitled to have the right “to use and enjoy the right-of-way for ingress and egress, not inconsistent with the rights of the owner, Ida Rose Barton, and without unreasonable interference with the right of said owner to use her property to the fullest extent.” Plaintiffs were permitted by the court’s judgment to place a surface on the right-of-way that would make it passable in all weather, and to have a private right of use for “foot and vehicular traffic associated with the use of a residence,” and for the transportation of farm animals. Defendant was permitted to enclose portions of the right-of-way by fence and/or gates to keep her animals from straying and to provide access for ingress and egress to those entitled to use it. The court’s judgment permitted chains and locks on the gates so long as all persons entitled to use the right-of-way are given keys. Further relief was provided which is not challenged on this appeal.

The parties are in agreement as to the controlling principles of law and appellants’ sole challenge is to their application by the trial court to the facts in this case. The issue which this Court is asked to resolve is whether the maintenance of fences and/or locked gates across the right-of-way is an unreasonable interference with the use granted to plaintiffs in their deeds.

This Court has on a number of occasions considered and defined easements based on deeds and grants, and it is clear that a right-of-way founded on a deed or grant is limited to the uses and extent fixed by the instrument. Nielson v. Sandberg, 105 Utah 93, 141 P.2d 696 (1943). Thus, the plaintiffs are limited in their claims to whatever BAFCO, Inc., had reserved to itself in the Barton conveyance and could therefore convey to them.1 In Wood v. Ashby, 122 Utah 580, 584, 253 P.2d 351, 353 (1952), this Court said:

Since it is manifest that a grantee may receive only what a grantor has to give, defendants’ rights are based upon a construction of the original ... deed ....
It is generally conceded that a deed is to be construed most strongly against the grantor, and most favorably to the grantee. It is aláo established in this state that a deed should be construed so as to effectuate the intentions and desires of the parties, as manifested by the language made use of in the deed. Further, when the deed creates an easement the circumstances attending the transaction, the situation of the parties, and the object to be obtained are also to be considered. [Citations omitted.]

The Wood decision goes on to comment that if the provisions of the deed leave some doubt as to their meaning, the court may also look to the practical construction placed upon the instrument by the parties.

The trial court thus properly found that plaintiffs had only a right of ingress and egress, as reserved in the Barton deed, and went on to apply the general principle that:

[A servient owner] has all the rights and benefits of ownership consistent with the easement; the right to use the land remains in him, without any express reservation to that effect, so far as such right does not conflict with the purpose and character of the easement. [Citations omitted.]

[759]*75925 Am.Jur.2d, Easements and Licenses § 89 (1966). In North Union Canal Company v. Newell, Utah, 550 P.2d 178

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Roberts v. Russell
2012 UT App 241 (Court of Appeals of Utah, 2012)
Evans v. Board of County Commissioners
2004 UT App 256 (Court of Appeals of Utah, 2004)
White v. Allen
2003 WY 39 (Wyoming Supreme Court, 2003)
Carrier v. Lindquist
2001 UT 105 (Utah Supreme Court, 2001)
Johnson v. Higley
1999 UT App 278 (Court of Appeals of Utah, 1999)
Lazy Dog Ranch v. Telluray Ranch Corp.
965 P.2d 1229 (Supreme Court of Colorado, 1998)
Tanaka v. Sheehan
589 A.2d 391 (District of Columbia Court of Appeals, 1991)
United States v. O'Block
788 F.2d 1433 (Tenth Circuit, 1986)
Labrum v. Rickenbach
711 P.2d 225 (Utah Supreme Court, 1985)
Wykoff v. Barton
646 P.2d 756 (Utah Supreme Court, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
646 P.2d 756, 1982 Utah LEXIS 975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wykoff-v-barton-utah-1982.