Access Rights

NOTE:  This summary is very simplified, and is provided for informational purposes.  Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.

What are Access Rights?

Access usually refers to access from a public road, and may include both pedestrian and vehicle access.  Property owners need access to and from a public road.  Property cannot be used and enjoyed unless the owner can get to it.  In addition, access from public roads enhances a parcel’s value and utility.

How are Access Rights Created?

Access rights may be created by express agreement, by implication or prescription, and, in some circumstances, acquired through eminent domain.  Any property along a public road is presumed to have a right of access to and from that road.

May Access From a Public Road be Restricted?

Access from a public road may be restricted, as long as a reasonable alternative access exists.  Access may be limited to a single point, or moved to a new point, if necessary for traffic safety.   If no reasonable alternative exists, restricting access may require compensation.

What if the Change in Access Impacts a Business or is Inconvenient?

A change in access does not require compensation, as long as the property has reasonable access to and from a public road.  There is no property right in traffic flow passing a business, and no right to compensation if access is temporarily impacted due to a construction project.

What if a Parcel is “Landlocked” Without Access to a Public Road?

If property may only be accessed by crossing another parcel, it is said to be “landlocked.”  An access roadway may be established through agreement, or by a prescriptive or implied easement. See “Easements”
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In some circumstances, private companies may use eminent domain to acquire access roads needed for mining, oil exploration, logging, or utilities. See  Utah Code § 78B-6-501. If eminent domain is used, the affected property owners would be entitled to compensation.

Is a Property Owner Entitled to Access Across Publicly Owned Property?

Access across publicly owned property (federal, state, or local) that is not a highway is not an automatic right, even if no other access exists.  The right to cross public lands may be granted by the government, or established through the operation of law.

Cases on Access Rights

Carrier v. Lindquist 
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The Carpet Barn v. UDOT 
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Three D Corp. v. Salt Lake City 
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UDOT v. Harvey Real Estate

Related Topic: 

Easements