Current through the 2024 Fourth Special Session
Section 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:(ii) open and notorious; and(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.