An easement is an interest in land that is owned by another person and gives the easement holder or easement owner the right to use or control the other person’s land in some limited way—such as the right to drive across another person’s private property to access a public highway or other public road (an ingress-and-egress easement).
There are many different types of easements, depending on the nature of the use of the land—such light-and-air easements; mineral easements; timber easements; noise easements; and railroad easements—and how the easement was acquired—an express easement; an implied easement; a prescriptive easement; an easement by necessity; or an easement by estoppel, for example.
There are also negative easements that prohibit the owner of a property (the servient-estate) from doing something, such as building a home or structure that blocks the view or sunlight for an easement holder—often an adjoining property owner (the dominant estate).
Public utility companies (gas, electricity, telephone, water, sewer, cable, etc.) often have easements to place utility transmission, distribution, or power lines on private property and access them for installation, repair, and maintenance.
Laws regarding easements vary from state to state and may be located in a state’s court opinions (also known as its common law or case law) or in its statutes.
In Utah, easements are recognized as a legal interest in land that allows the holder of the easement to use property owned by another for a specific purpose. Types of easements in Utah include ingress and egress, light and air, mineral, timber, noise, and railroad easements, among others. Easements can be created in several ways: expressly through a written agreement, impliedly by longstanding use, by necessity when landlocked, by prescription through continuous and open use over a period, or by estoppel if the landowner has allowed someone to believe they have an easement. Negative easements restrict the property owner from performing certain actions that could affect the easement holder's property, such as obstructing a view or sunlight. Public utilities often have easements for infrastructure needs. Utah's easement laws are derived from both statutory law and case law. It is important for property owners and easement holders to understand their rights and obligations under Utah law, and they may consult an attorney for legal advice specific to their situation.