Legal Question in Real Estate Law in Utah

Our Utah Summit County subdivision was initially platted in the 80s and some of the subdivisions rural dirt roads in the subdivision cut through some of the platted properties. These roads are private roads not maintained by a governmental agency. The lots are 10 acres and only one single unit dwelling can be built on a lot. All of the roads in the subdivision have been in use for more than 30 years. Where the road does come onto an affected property, the road in encroaches along the edge of the 10 acre property line.

My question is: Since these roads have been in effect for 30 years and maintained by the HOA, can a lot owner challenge the location of the road and cause the road to be moved another location?

There must be a statue of limitations or a statue or a statue of repose or a statue of some type. To the best of my knowledge, all lot owners made their purchase knowing where the common roads (there are only 5 roads in the subdivision) are located in relation to their property boundary lines.


Asked on 12/01/11, 11:09 am

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

Generally when a road has been in place for more than 20 years there is a presumption that the road occupies a valid easement. The developer should have taken steps to eliminate any conflicting roads at the time he filed the subdivision plat. Generally the HOA is not responsible for the location of the roads, but they may have to maintain the platted roads. If the 30 year old roads are platted in the subdivision, then there is little an owner can do to require the roads to be moved. A buyer is presumed to have inspected the property and have taken notice of the location of the roads in relation to the buyer's property. If a person wants a road relocated, it would be the responsibility of that person to make the necessary arrangements with all property owners who would be directed affected by the relocation, and then for an amended plat to be created, approved by a majority of homeowners and the county.

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Answered on 12/01/11, 12:40 pm


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