Legal Question in Real Estate Law in Utah

We have an old abandoned highway going directly through our property. We pay the taxes on it and it is not on the plat maps anymore. The city told us we had to put a fence going around our property. In order to comply we looked at the plat map and contacted the county regarding what is considered our property. We was told everything except one little corner at the edge of the property. We also asked about the road and was told there was NO road going through our property. We kept the road open until people started driving really fast past our house (50 + miles an hour) and the police said since there is no speed limit signs they can not do anything. We tried making a deal with the city to keep it open but they failed to comply with what we wanted (street signes, maintaince of the road done, etc). I was wondering if I can legally close off my property including this non-existent road? What right do I have to the property the road is on?


Asked on 7/21/10, 4:37 pm

2 Answers from Attorneys
Riley Snow The Law Office of Riley S. Snow PLC

Utah law holds that a road that is open to the public (regardless of whether the road has ever been officially designated) and has been utilized by the public for 10 years or more, it automatically becomes a "public thoroughfare." People that have blocked such roads in the past have been forced to open them again when sued. You probably want to ask your city or county about getting the road officially vacated, which is a public process. That will turn it back to private property. If you would to discuss this more, feel free to give me a call - Riley Snow (480) 231-4684. Where are you located in Utah?

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Answered on 7/21/10, 9:44 pm
Paul Jones Paul W. Jones Attorney LLC

I agree with Mr. Snow. I would just add that you do have a private right to petition the government agency that controls the land to vacate it. Also, the county may be the entity that you should be dealing with rather than the city. A little research on the road's origin should answer the question of which governmental agency would be the best to petition to vacate the road.

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Answered on 7/22/10, 7:31 am


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