Utah § 57-13b-201 Prescriptive easement for livestock trail.

Utah Statutes

§ 57-13b-201 — Prescriptive easement for livestock trail.

Utah § 57-13b-201

Title 57Real Estate

Ch. 57-13bEasement for Historical Livestock Trail Act

Part 57-13b-2Prescriptive Easement

This text of Utah § 57-13b-201 (Prescriptive easement for livestock trail.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 57-13b-201 (2026).

Text

(1)A prescriptive easement may be established if:

(1)(a) a property owner uses an historical livestock trail that crosses another person's property for a period of 20 years; and

(1)(b) the use of the other owner's property as an historical livestock trail for the 20-year period described in Subsection (1)(a) is:

(1)(b)(i) continuous;

(1)(b)(ii) open and notorious; and

(1)(b)(iii) adverse.

(2)If a property owner establishes that a use is continuous and open and notorious under Subsections (1)(b)(i) and (ii), there is a rebuttable presumption that the use is adverse.

(3)Notwithstanding Subsections (1) and (2), a prescriptive easement under this chapter may only be established on private lands.

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(1) A prescriptive easement may be established if:

(1)(a) a property owner uses an historical livestock trail that crosses another person's property for a period of 20 years; and
(1)(b) the use of the other owner's property as an historical livestock trail for the 20-year period described in Subsection (1)(a) is:
(1)(b)(i) continuous;
(1)(b)(ii) open and notorious; and
(1)(b)(iii) adverse.
(2) If a property owner establishes that a use is continuous and open and notorious under Subsections (1)(b)(i) and (ii), there is a rebuttable presumption that the use is adverse.
(3) Notwithstanding Subsections (1) and (2), a prescriptive easement under this chapter may only be established on private lands.