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 :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) a property owner uses an historical livestock trail that crosses another person‘s property for a period of 20 years; and(1)(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:(1)(b)(i) continuous;(1)(b)(ii) open and notorious; and(1)(b)(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.