Legal Question in Real Estate Law in Utah

Legal usage of access easments

I own a parcell of property which includes an access easment to an adjacent parcell not owned by me. The easment is 35' wide or wide enough for 3 large trucks to pass through side by side. Must I keep all 35' open and clear or would it be permissible to landsscape the portion not actively used for passage? May I place a gate at one or both ends of the easment?


Asked on 6/08/04, 7:01 pm

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

Re: Legal usage of access easments

You need to keep as much open as has been historically used for the easement, notwithstanding the amount of space reserved for the easement. Thus if historically only one lane has been used for the easement, you could landscape the remainder. If the easement has not historically had a gate, you probably cannot install a gate, unless the beneficial user of the easement acquiesces. You may want to approach the user for their response.

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Answered on 6/08/04, 8:49 pm


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