In a previous post, we began discussing how nascent entrepreneurs here in Utah will need to make a host of important decisions when they decide to bring a product or service to market from the financial and the tactical to the logistical and, of course, the legal.
August 2016 Archives
Given all of the complexity of life, it is no wonder that all of assets, property, items, valuables, heirlooms and other things that we collect in our years on this planet create a complicated web. The items we have are just one side of the estate plan equation. There are also the people that we know, the people that we love, and the family members that we cherish on the other side. These relationships and these items, together, make up the basis for how we decide to distribute our property when it is our time to pass on to the next life.
When a group of individuals comes together with a plan to market a product or provide a service for which they believe there is consumer demand, they will be confronted almost immediately with the need to make a multitude of important decisions.
To establish a prescriptive easement, a person must show, "by clear and convincing evidence," Buckley v. Cox, 247 P.2d 277, 279-80 (Utah 1952), that his "use of another's land was open, continuous, and adverse under a claim of right for a period of twenty years." Valcarce v. Fitzgerald, 961 P.2d 305, 311 (Utah 1998); see also Orton v. Carter, 970 P.2d 1254, 1258 (Utah 1998). However, "once a claimant has shown an open and continuous use of the land under claim of right for the twenty-year prescriptive period, the use will be presumed to have been adverse." Id. The burden then shifts to the property owner who opposes the easement to "establish that the use was initially permissive." Id. at 311-12. Each of the elements of prescriptive easement must be proven by clear and convincing evidence. Lunt v. Lance, 2008 UT App 192, ¶ 18, 186 P.3d 978.
When you own land or a home, you will obviously be very familiar with the term "title." A title is a legal right of ownership for a particular piece of property. Title can be referred to in many different contexts, but you really only hear the terms used in relation to cars and real estate. Having a title is very valuable, giving you the right to do what you want with a piece of property.