Legal Question in Real Estate Law in Utah

abutting property easement rights

I purchased a property, three years ago. I have a garage and attached cottage that sit even with the fence line, and appear to abbut the property line. There are two gates, one right front of the garage, and one to the rear of the cottage, between both properties. When I purchased, neither were locked. Two years ago, they put a lock on it, the rear gate. I broke it off, as I needed to get on that side, to paint, repair, rebuild, and fix, the cottage & garage, which I did, over about three months. obviosly using the ''easement.'' I used it again, this last year. However, The rentor/tenants of the property, took my lock on the rear gate off, and put thier own on it, again. My question(s) are these. First, I wish to maintain my access, do I have any implied, prescription, or by necessity easement? Also, to get in their backyard, to mow or such, they either have to go through their garage back door, or down my driveway, through the front gate. What rights do they have? I need to do more work, I don't want to ask permission, setting a precedent, but would rather not break the lock, again. Part of this, is it is a rental, and I don't really know the owners, that well, but we get along, so far, in our interactions. Thanks!


Asked on 5/10/09, 5:06 am

1 Answer from Attorneys
Randy B. Birch Attorney at Law

Re: abutting property easement rights

Your question is far to complicated to answer based upon the little info you have provided; it will also vary with your jurisdiction. It is further complicated by the fact that how the prior owners treated the gates/easement is very important. I suggest that you contact your local bar referral service and get an initial consultation - often they can be had for free or a reduced fee.

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Answered on 5/10/09, 11:41 pm


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