Van Denburgh v. Sweeney Land Co.

1 Citing case

  1. S & W Hunting Ranch, LLC v. Fautin

    2024 UT App. 60 (Utah Ct. App. 2024)

    ¶57 The Fautins next argue that the district court erred when it determined that they did not have the adverse mental state necessary to support a prescriptive easement. See Van Denburgh v. Sweeney Land Co., 2013 UT App 265, ¶ 3, 315 P.3d 1058 ("To establish a prescriptive easement, a party must show, by clear and convincing evidence, that its use of the area in question has been (1) open, (2) notorious, (3) adverse, and (4) continuous for at least 20 years. Once a claimant has shown an open and continuous use of the land . . ., the use will be presumed to have been adverse.