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

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(1)

A prescriptive easement may be established if:

Terms Used In Utah Code 57-13b-201

historical livestock trail: means property over which livestock has historically traveled to or from a grazing area or market. See Utah Code 57-13b-102
Person: means :Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5

(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

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