Land Use & Zoning

An easement by necessity in Utah is created when:

AA property owner requests an easement for convenience
BA landlocked parcel has no other legal access to a public road✓ Correct
CA government agency needs access for utility installation
DAdjacent landowners agree to share access

Explanation

An easement by necessity is a court-ordered easement created when a property is landlocked (completely surrounded by other private property) with no legal access to a public road. Utah courts recognize that access to one's property is a legal necessity.

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