An easement is a legal right to use another person’s land for a specific purpose, such as accessing a property or running utility lines. In Utah, easements can be created by written agreement, by long-term use, or by necessity when a property is landlocked. Understanding the types of easements and how they work is essential for any property owner in Utah.
Last updated: July 2026
Key Takeaways
- Utah recognizes express, implied, prescriptive, and easements by necessity as the main types of easements.
- Prescriptive easements require 20 years of continuous, open, and adverse use under Utah Code Section 57-13-1.
- Easements can be terminated by mutual agreement, merger of titles, abandonment, or court action.
- Recording an easement with the county recorder is critical to establish priority against future buyers.
Easements affect nearly every piece of real estate in Utah, whether you know it or not. Utility companies hold easements to run power lines and water pipes. Neighbors may have access easements across your driveway. Even if no easement is written in your deed, one may exist by law. This article explains the four types of easements recognized under Utah law, how they are created, and what to do if an easement dispute arises.
Utah’s Office of the Property Rights Ombudsman provides extensive guidance on easement law, and the Utah Department of Commerce publishes a helpful summary covering express, implied, and prescriptive easements. Knowing the rules can save you from costly litigation and boundary disputes.
What Are the Different Types of Easements Recognized in Utah?
Utah law recognizes four primary categories of easements. An express easement is created by a written document, such as a deed, that is signed by the property owner and recorded with the county recorder. This is the most common and clearest form of easement, because the terms are spelled out in writing. The document must satisfy the statute of frauds under Utah Code Section 25-5-3, meaning it must be in writing and signed by the party granting the easement.
An implied easement arises when the use existed before a parcel was divided from a larger property. To establish an easement by implication in Utah, four elements must be shown: unity of title (both parcels were once owned by one person), the use was apparent and visible before division, the easement is reasonably necessary for enjoyment of the dominant estate, and the use has been continuous rather than sporadic. An easement by necessity is a specific type of implied easement used when a property is landlocked and has no access to a public road.
A prescriptive easement is created through long-term use without the owner’s permission. Under Utah Code Section 57-13-1, the use must be open, notorious, adverse to the owner’s interest, and continuous for at least 20 years. Unlike adverse possession, a prescriptive easement does not require the claimant to pay property taxes.
How Is an Express Easement Created in Utah?
An express easement must be created in a written document that satisfies the statute of frauds and indicates mutual agreement between the parties. The document should describe the location and scope of the easement with sufficient detail, identify the dominant and servient estates, and be signed by the grantor. Recording the easement with the county recorder provides notice to future buyers and establishes priority.
Consideration is also required for an express easement to be enforceable. Consideration means both parties receive a benefit, such as payment in exchange for the right to cross another’s land. Without consideration, a court may find the attempted easement invalid. An express easement may be perpetual or limited in duration, depending on the terms stated in the document.
What Is a Prescriptive Easement and How Long Does It Take to Establish?
A prescriptive easement in Utah requires the claimant to use another person’s property openly, notoriously, and adversely for a continuous period of 20 years. The use must be without the owner’s permission. If the owner grants permission at any point, the adverse nature of the use is broken and the 20-year clock resets. This is different from many other states, which require only 7 to 15 years.
The Utah Court of Appeals has held that permissive use can never ripen into a prescriptive easement. If the property owner allows a neighbor to use a driveway out of neighborly accommodation, that use is permissive and cannot become a prescriptive easement unless the owner later objects and the use continues adversely. The burden of proof rests on the person claiming the prescriptive easement.
Utah Code Section 57-13-1
When Does Utah Recognize an Easement by Necessity?
An easement by necessity is created when a property becomes landlocked due to the division of a larger parcel. For example, if you own a parcel of land and sell the back portion to someone else, the buyer needs a way to reach the public road. Utah courts will imply an easement by necessity if three conditions are met: the dominant and servient estates were once owned by the same person, the easement is strictly necessary for access, and the necessity existed at the time the parcel was divided.
Unlike prescriptive easements, an easement by necessity does not require a waiting period. It arises immediately upon the creation of the landlocked parcel. However, the easement lasts only as long as the necessity continues. If the landlocked owner later gains access through another route, the easement by necessity terminates.
How Are Easements Terminated in Utah?
Easements can end in several ways. The most common method is by a written release or termination agreement signed by the easement holder and recorded with the county recorder. An easement also terminates when the dominant and servient estates come under common ownership, a concept called merger. If the same person owns both the land benefiting from the easement and the land burdened by it, the easement extinguishes.
Abandonment is another way to terminate an easement. To prove abandonment in Utah, the property owner must show that the easement holder took affirmative actions indicating an intent to abandon the easement, not merely non-use. Other termination methods include expiration of a stated term in the easement agreement, condemnation through eminent domain, and court order through a quiet title action.
What Should You Do If a Neighbor Disputes Your Easement Rights?
Easement disputes frequently arise when a property owner interferes with the easement holder’s use, such as by building a fence across a driveway or blocking access. In Utah, the first step is to review the recorded easement document and your deed to confirm the scope and location of the easement. If the easement is not recorded, you may need to gather evidence of long-term use or necessity.
Mediation is often a cost-effective first step before litigation. The Office of the Property Rights Ombudsman offers dispute resolution services for property rights conflicts involving government entities. For private disputes, a Utah real estate attorney can help negotiate a resolution or file a quiet title action to establish your rights. If litigation becomes necessary, the court can issue an injunction to stop interference with the easement and award damages for any losses caused by the obstruction.
Frequently Asked Questions About Utah Easements
What is the difference between an easement and a right of way?
A right of way is a specific type of easement that gives someone the right to travel across another person’s property. All rights of way are easements, but not all easements are rights of way. Easements can also include utility easements, drainage easements, and conservation easements that do not involve travel.
Does an easement transfer to a new owner when the property is sold?
Yes, in most cases easements run with the land and transfer automatically to subsequent owners. An appurtenant easement is attached to the dominant estate and benefits the land regardless of who owns it. This is why recording easements with the county recorder is critical, so future buyers have notice.
Can a property owner build on an easement?
Generally, the property owner may use the land subject to an easement as long as the use does not unreasonably interfere with the easement holder’s rights. Building a permanent structure on an easement without the holder’s consent is usually prohibited. However, landscaping or temporary improvements that do not block access may be permissible.
How do I find out if there is an easement on my property?
Start by reviewing your property deed and any recorded documents at the county recorder’s office where the property is located. A title report or title insurance policy will also list recorded easements. If you suspect an unrecorded easement exists, a survey can identify physical signs of use such as driveways, utility lines, or drainage paths.
What happens if an easement is not recorded?
An unrecorded easement may still be enforceable between the original parties, but it could be invalid against a subsequent buyer who purchases the property without knowledge of the easement. This is why recording is essential for long-term protection. Prescriptive easements, however, can exist without any recorded document.
Can an easement be moved to a different location?
In Utah, an easement can be relocated only if both the dominant and servient estate owners agree in writing. Absent an agreement, the easement holder is entitled to use the location specified in the easement document. Some easement documents include relocation clauses that allow the servient owner to move the easement at their own expense.
Is a utility easement the same as a public easement?
No. A utility easement grants specific rights to a utility company, such as Rocky Mountain Power or Dominion Energy, to install and maintain infrastructure. A public easement grants rights to the general public, such as the right to travel on a road. Utility easements are typically private easements held by the utility company.
How long does a prescriptive easement take in Utah?
Utah requires 20 years of continuous, open, notorious, and adverse use to establish a prescriptive easement. The 20-year period must be uninterrupted. If the property owner objects or grants permission, the clock resets. This is one of the longer prescriptive periods in the United States.
Understanding easements and rights of way is essential for any Utah property owner, whether you are buying, selling, or developing land. Knowing what easements exist on your property and how they affect your rights can prevent costly disputes and legal complications. If you have questions about an existing easement or need to establish one, consult an experienced Utah real estate attorney.
Need help with your real estate legal matter in Utah? Attorney Jeremy Eveland has the experience to guide you through Utah real estate law.
Call (801) 613-1472 to speak with Jeremy Eveland today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah real estate attorney for advice specific to your situation.
Comments are closed.