57-13b-201. Prescriptive easement for livestock trail.

125 words·~1 min read·/ut/title-57/chapter-13b/57-13b-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A prescriptive easement may be established if:

(a)a property owner uses an historical livestock trail that crosses another person's property for a period of 20 years; and

(b)the use of the other owner's property as an historical livestock trail for the 20-year period described in Subsection (1)(a) is:

(i)continuous;

(ii)open and notorious; and

(iii)adverse.

(2)If a property owner establishes that a use is continuous and open and notorious under Subsections (1)(b)(i) and

(ii), there is a rebuttable presumption that the use is adverse.

(3)Notwithstanding Subsections

(1)and

(2), a prescriptive easement under this chapter may only be established on private lands.

Enacted by Chapter 118 , 2005 General Session