Legal Question in Real Estate Law in Utah

easment right of way

We have a 20' utlility and drainage easment along the side of our house, and have a lot ajoining ours with a house on it. The city wants to put an asphalt walkway on this easement between our houses for children to use to get to a new school being built rather than put in 1/2 mile of cement sidewalks on a main road. Can the city do this without our approval? Do we have any legal rights?


Asked on 11/18/06, 10:19 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: easment right of way

You may have to check the language of the actual easement which is recorded at the County Recorder's Office. Unless the easement specifically allows the sidewalk, the City will have to purchase the easement from you or build the longer walkway.

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Answered on 11/19/06, 11:06 pm


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