Legal Question in Real Estate Law in Utah
Easement law
I live in a PUD subdivsion. All of the homeowner property in the plat includes a 5 foot easement at the back of the property for ''walkway, drainage, and utilities''. The property abuts a small city owned park which has been in place for more than 30 years. The city now wants to vacate the property and give it to the adjoining property owners. I believe the city cannot eliminate the easements specified on the plat without 100% of owners agreeing. Also, I believe the public use of the park area forms a proscriptive esement which means the city land cannot be fenced and converted to private use by the new owners. A public hearing is coming up soon. Am I correct in my understanding of the easements (both described in the plat and the proscribed easements)?
1 Answer from Attorneys
Re: Easement law
Your facts are not clear. The City can vacate a city park and turn the property over to adjacent land owners. The vacation would not release the easement, which will remain.