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

57-13b-201. Prescriptive easement for livestock trail.
(1) A prescriptive easement may be established if:
(a) a property owner uses an historical livestock trail that crosses another person'sproperty for a period of 20 years; and
(b) the use of the other owner's property as an historical livestock trail for the 20-yearperiod 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 underSubsections (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 chaptermay only be established on private lands.

Enacted by Chapter 118, 2005 General Session