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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In Utah, a right of way is a type of easement that grants the holder the right to travel over another person's property for a specific purpose, such as accessing a public road or highway. This right can be established in various ways, including by express grant (written into a deed), by necessity (when a property is landlocked and has no other access to a public way), by prescription (through continuous and open use over a period of at least 20 years), or by implication (from the circumstances of the property division). Rights of way can be granted to individuals, groups, or the public. The specific rights and responsibilities of the parties involved in a right of way are often detailed in the deed or agreement that establishes the easement. Utah law also provides for the maintenance and repair of rights of way, and disputes can be resolved through negotiation, mediation, or litigation. It is important for property owners and right of way holders to understand their legal rights and obligations, which may require consultation with an attorney.

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Real property

right of way easement

Individual & Family Legal Plan

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Utah State Code

Real property

right of way easement

Utah State Code

Articles