Utah  |  Real Estate Law

Legal Question

Asked on: 4/02/07, 11:17 pm

17 ft egress and ingress

the question I have is on a 17 ft egress,ingress through our land by a farmer that has had it for years. but he died and his kid took over and now it is more like a freeway with fourwheelers,trucks mortorhomes.tractors up and down all the time. our homes are full of dust. we hav lived here for 25 years when the dad was alive he would just go up and down a couple times a day. I know its hard but is there any way to stop this.

1 Answer

Answered on: 4/03/07, 11:06 am by Alvin Lundgren

Re: 17 ft egress and ingress

If there is a recorded easement, the language may limit the scope of the easement. If there are not recorded terms, then the easement is valid for the scope of the original use. If the original easement was for farm ingress/egress then that is all that is allowed now. First get a copy of the original easement, then talk to the new neighbors and the city/county planning people to find out whether there has been a permitted expansion of the use. You may have to file suit to limit the use of the easement.

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Alvin R. Lundgren, L.C. 5712 Silverstone Cirle Mt. Green, UT 84050-9752

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