Van Denburgh v. Sweeney Land Co.

Utah Court of Appeals

2013 UT App 265, 315 P.3d 1058

If a claimant shows open and continuous use of another’s land for 20 years, the use will be presumed to have been adverse (and thus eligible to be a prescriptive easement).  The burden then shifts to the property owner to prove that the use was initially by permission.

If a property owner opens a way for the use of his or her premises, and another person uses the property without damage, the presumption is that the use was permissive (not adverse).

If the claimant’s use of the property was in common with the general public, it is usually considered permissive, not adverse to the property owner.

Full Text of Van Denburgh v. Sweeney Land Co.