Legal Question in Real Estate Law in Utah

easement and right of way

I own a piece of property that borders on a piece of land, that is probably owned by the government, either the city or the county, that is an easement along a stream/pond system (used as an overflow flood control). The edge of the stream is the ''mean high water mark,'' and my fence line is about the high water mark, when the stream rises above it's bank line. I am curious as to what control I have over this strip of property, for years I had no foot traffic through there, I was the only one to use it, the property to the right of me, has been fenced off for a long time, and the one to the right of it, has been fenced off for years also. It is a four-plex/rental. Now the tenants have torn the fence down, and are accessing behind my house on the easement, cutting back and forth along the pond (but my property itself is fenced). I want to block access back and forth acrossed this area. What rights do I have, if any?


Asked on 5/04/08, 8:31 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: easement and right of way

This BB answers general questions of law, your question is very fact specific and an answer cannot be given without knowing all of the details. Generally you can maintain your fence along your property line. You can also contact the local authorities to see if they will stop the trespassing. Also contact the owner of the four plex and advise them that them missing fence is creating a nuisance.

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Answered on 5/05/08, 10:07 am


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