Legal Question in Real Estate Law in Utah
neighbor easement implied or prescription ?
I bought a property, that has a cottage that abuts the neighbor's. They have no access to their own back yard, but down my driveway. The owner(s) rent out the property. The prior owners of mine, were friend's with them. They allowed each other access, for many, many, years, back and forth, to get to the side of the cottage, and/or to access their own backyard. the tenants have locked the back gate, I want to protect any implied or prescriptive easements I may have. Do I have an easement, or a license? If I have an easement, is it implied, or prescriptive? I would also like to protect from them just having full access up and down my driveway, at any time, that they want or like. I want to know what to do, in order to keep my access to that side of the cottage, to work on paint, and/or repair it, and/or fix the deck and stairs, when I need to. this is more important than my own driveway. From what I have heard, they used to keep a trailer in their own backyard, and pull it in and out of my own driveway! I don't want anything like that in the future. I don't mind them going back to mow the lawn (right now it is two feet of weeds) but would rather limit any traffic up and down my own driveway. Please advise, thanks!
1 Answer from Attorneys
Re: neighbor easement implied or prescription ?
it is probably an easement. for a similar case you can google and find the case of Lunt v. Lance a utah case from within the last year or so.
you best choice is to talk with the owner of the neighboring property and work out terms and conditions under which you each cross the others property, then put it in writing - then you have a license. you can revoke or terminate a License. An easement is often created from adverse use and therefore subject to the person who created it.
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