US Laws, Codes, Statutes & Cases

     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's property for a period of 20 years; and
     (b) the use of the other owner's property as an historical livestock trail for the 20-year period 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 under Subsections (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 chapter may only be established on private lands.

Enacted by Chapter 118, 2005 General Session