Legal Question in Real Estate Law in Utah

Re: Exclusive Easement?

An easement as described is normally limited in scope to the use for which it was originally intended - in this case ingress and egress from tne 1 acre. The use by the FAA may or may not fall under the original intent. It does not seem that general public use would be permitted under the terms of the original lease. The actual language of the lease is important to make a final analysis, along with testimony of the original intent of the grantor and grantee of the right of way.

Re: Exclusive Easement?

I am not licensed to pracitce law in Utah and cannot answer the question under Utah Law.

However, in general, the public's ability to use the road usually depends on the scope of the easement granted. If the easement provides for ingress and egress only, then the public may not use the road to pass through. Further, easements are usually granted to the parcel owners and unless the easement provides for public access, then the public may not use the road.