Tuesday, February 2, 2016

Types of Easements in Utah

There are 5 types of easements utilized in Utah:

Appurtenant Easement - Transfers with the property, the Easement is necessary to access their land.  There is a Dominant Tenement and a Servient Tenement.  The Dominant is the property that needs the easement, the Servient is the property that facilitates the easement.
Easement in Gross - If someone were to pay to use a part of their land, the easement would end when the property is sold, or the person needing the easement dies.  (This is the type typically used by utility companies.)
Party Wall Easement - The 2 properties share a common wall, the property line is the middle of the wall, and each side of the wall can be used by the party each side of the wall.
Easement by Necessity - If a property is subdivided into two properties, and only one of the properties can be accessed by road, an Easement by Necessity must be created on the property that has direct access to the road.
Easement by Condemnation - This is used by government (exercising Eminent Domain) for public good (usually a highway).

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