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)?


Asked on 8/30/07, 12:13 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

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.

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Answered on 8/30/07, 12:19 pm


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