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

Utah Statutes

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

Utah·Title 57 Real Estate·Ch. 57-13b Easement for Historical Livestock Trail Act·Part 57-13b-2 Prescriptive Easement

(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.

Utah § 57-13b-201 (Prescriptive easement for livestock trail.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.