Legal Question in Real Estate Law in Utah
Right of way across private property
There has been cattle crossing from spring range to fall range on this land for several years.I am a new owner. Can i stop this? There has been no permision given by former owner or us.
2 Answers from Attorneys
Re: Right of way across private property
You've given far too few facts to give an answer. The issue may be whether the owner of the cattle has a prescriptive easement, or perhaps there is some other right. If a prescriptive easement is claimed the first issue you face is to determine how long the cattle have been crossing you land. More than 20 years?
You really should learn all that you can about the facts of the situation and then have a face-to-face with a real estate attorney in your area.
Re: Right of way across private property
It depends on how many years the cattle have used your property. There is a provision in Utah law known as a prescriptive easement, which means if the other party has used the right of way long enough - 20 years - an easement arises and can be enforced.