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Implied easement over residential lot only requires reasonable necessity, not absolute necessity
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Journal Article
Implied easement over residential lot only requires reasonable necessity, not absolute necessity
2024
Overview
The court disagreed, reciting Utah case law determining that even where there were two separate parcels, the facts could show that unity of title was followed by severance. [...]Vista did not fail to show that the first requirement was met. 440 North also contended that the trial court erred in creating the easement because the commercial property was not landlocked. [...]440 North contended that the trial court's order requires 440 North to violate Provo City Code, which prohibits the use of residentially zoned properties for commercial purposes. \"The mere potential for a zoning ordinance violation has no bearing on the validity of the easement.\" [...]whether or not Vista's use of the easement would violate a zoning ordinance, the trial court did not err in creating an implied easement because the only relevant issue before the court was the easement's existence.
Publisher
Appraisal Institute
Subject
