8 Utah opinions name it 2 courts 1989–2021 1 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Valcarce v. Fitzgeraldgreen2 sentences2018See Judd , 2017 UT App 56 , ¶¶ 10-31, 397 P.3d 686 . 16 See, e.g. , Valcarce v. Fitzgerald , 961 P.2d 305 , 311 (Utah 1998) ; Crane v. Crane , 683 P.2d 1062 , 1064 (Utah 1984) ; Richards v. Pines Ranch, Inc. , 559 P.2d 948 , 949 (Utah 1977) ; Lunt v. Kitchens , 260 P.2d 535 , 537 (Utah 1953) ; Jensen v. Gerrard , 39 P.2d 1070 , 1072 (Utah 1935). 17 Utah R. 2017See Allred, 2008 UT 22, ¶ 21 , 182 P.3d 337 (noting that the possession of land necessary to establish adverse possession “cannot be uniform in every ease” and that “there may be degrees in the exclusiveness even of the exercise of ownership” (citation and internal quotation marks omitted)); Valcarce v. Fitzgerald, 961 P.2d 305, 311 (Utah 1998) (plurality opinion) (noting that whether a prescriptive easement exists is a “type of highly fact-dependent question, with numerous potential fact patterns”). ¶38 While the elements of the claims are similar, however, the character of the use and the ri | 2 | 2 |
Malacara v. Garbergreen2 sentences2017And to do that Mayflower had to do more than just attach evidence; it had to analyze the evidence to show that it created a genuine issue for trial. ¶43 The district court had no duty to look beyond Mayflower’s bald statements to identify supporting evidence buried somewhere in the record. 12 And the district court cannot be faulted for not 10 The block-quoted material represents the entirety of Mayflower’s analysis of the prescriptive easement claim in the district court. 11 See Malacara v. Garber, 353 F.3d 393, 405 (5th Cir. 2003) (“When evidence exists in the summary judgment record but the 2017See Malacara v. Garber , 353 F.3d 393 , 405 (5th Cir. 2003) ("When evidence exists in the summary judgment record but the nonmovant fails even to refer to it in the response to the motion for summary judgment, that evidence is not properly before the district court."); Carmen v. S.F. | 2 | 2 |
Judd v. Bowengreen2 sentences2018See Judd , 2017 UT App 56 , ¶¶ 10-31, 397 P.3d 686 . 16 See, e.g. , Valcarce v. Fitzgerald , 961 P.2d 305 , 311 (Utah 1998) ; Crane v. Crane , 683 P.2d 1062 , 1064 (Utah 1984) ; Richards v. Pines Ranch, Inc. , 559 P.2d 948 , 949 (Utah 1977) ; Lunt v. Kitchens , 260 P.2d 535 , 537 (Utah 1953) ; Jensen v. Gerrard , 39 P.2d 1070 , 1072 (Utah 1935). 17 Utah R. 2017In particular, they argue that the trial court failed to apply “the critical limitations built into the common law elements of a prescriptive easement claim.” As proof, they point to allegedly undisputed evidence, asserting 20140285-CA 6 2017 UT App 56 Judd v. Bowen that it precluded the Judds from clearly and convincingly establishing several prescriptive easement elements. ¶12 “[W]hether the trial court applied the proper legal standard is a question of law that is reviewed for correctness.” Jacob v. Bate, 2015 UT App 206, ¶ 13 , 358 P.3d 346 (alteration in original) (citation and internal q | 1 | 2 |
Morris v. Bluntgreen2 sentences2013See Morris v. Blunt, 49 Utah 243 , 161 P. 1127, 1131 (1916) (explaining that under Utah law, "[the right by prescription can only arise by adverse use and enjoyment under claim of right uninterrupted and continuous for a period of 20 years" (emphasis added)); see also 68 Am. 2013See Morris v. Blunt, 49 Utah 243 , 161 P. 1127, 1131 (1916) (explaining that under Utah law, "[the right by prescription can only arise by adverse use and enjoyment under claim of right uninterrupted and continuous for a period of 20 years" (emphasis added)); see also 68 Am. | 1 | 2 |
Jensen v. Browngreen1 sentence2021After all, easement claims are governed by equitable principles, see Jensen v. Brown, 639 P.2d 150, 151 (Utah 1981) (recognizing that a prescriptive easement claim “is a suit in equity”), abrogated on other grounds by RHN Corp. v. Veibell, 2004 UT 60 , 96 P.3d 935 , and courts may apply such principles to limit the scope of the defined easement or otherwise accommodate the servient estate, see SRB Inv. | 1 | 1 |
Allred Ex Rel. Jensen v. Allredgreen2 sentences2017Jensen v. Allred, 2008 UT 22, ¶ 17 , 182 P.3d 337 (listing the elements required to establish adverse possession); Lunt v. Lance, 2008 UT App 192, ¶ 18 , 186 P.3d 978 (listing the elements for a prescriptive easement claim); see also Utah Code Ann. §§ 78B-2-212 to -214 (LexisNexis 2012) (setting out the requirements for establishing a claim of adverse possession). 2017Jensen v. Allred, 2008 UT 22, ¶ 17 , 182 P.3d 337 (listing the elements required to establish adverse possession); Lunt v. Lance, 2008 UT App 192, ¶ 18 , 186 P.3d 978 (listing the elements for a prescriptive easement claim); see also Utah Code Ann. §§ 78B-2-212 to -214 (LexisNexis 2012) (setting out the requirements for establishing a claim of adverse possession). | 1 | 1 |
Marchant v. Park Citygreen1 sentence2011Lowry, as the party who bore the burden of proving the easement, see Marchant v. Park City, 788 P.2d 520, 524 (Utah 1990) (determining that the plaintiffs had the "burden in the trial court to establish each and every element of a prescriptive easement claim"), did not argue that this statute provided a legal basis to establish an easement in the stream bed. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
RHN CORP. v. Veibell
green
2 sentences2021After all, easement claims are governed by equitable principles, see Jensen v. Brown, 639 P.2d 150, 151 (Utah 1981) (recognizing that a prescriptive easement claim “is a suit in equity”), abrogated on other grounds by RHN Corp. v. Veibell, 2004 UT 60 , 96 P.3d 935 , and courts may apply such principles to limit the scope of the defined easement or otherwise accommodate the servient estate, see SRB Inv. 2021After all, easement claims are governed by equitable principles, see Jensen v. Brown, 639 P.2d 150, 151 (Utah 1981) (recognizing that a prescriptive easement claim “is a suit in equity”), abrogated on other grounds by RHN Corp. v. Veibell, 2004 UT 60 , 96 P.3d 935 , and courts may apply such principles to limit the scope of the defined easement or otherwise accommodate the servient estate, see SRB Inv. | 1 | 2021–2021 |
SRB Investment v. Spencer
green
2 sentences2021Co. v. Spencer, 2020 UT 23 , ¶¶ 21 n.32, 22, 463 P.3d 654 (“Even though courts will almost always consider the physical dimensions of the land used, as well as the frequency and intensity of that use, the ultimate criterion in determining the scope of a prescriptive easement is that of avoiding increased burdens on the servient estate. 2021Co. v. Spencer, 2020 UT 23 , ¶¶ 21 n.32, 22, 463 P.3d 654 (“Even though courts will almost always consider the physical dimensions of the land used, as well as the frequency and intensity of that use, the ultimate criterion in determining the scope of a prescriptive easement is that of avoiding increased burdens on the servient estate. | 1 | 2021–2021 |
Crane v. Crane
green
1 sentence2018See Judd , 2017 UT App 56 , ¶¶ 10-31, 397 P.3d 686 . 16 See, e.g. , Valcarce v. Fitzgerald , 961 P.2d 305 , 311 (Utah 1998) ; Crane v. Crane , 683 P.2d 1062 , 1064 (Utah 1984) ; Richards v. Pines Ranch, Inc. , 559 P.2d 948 , 949 (Utah 1977) ; Lunt v. Kitchens , 260 P.2d 535 , 537 (Utah 1953) ; Jensen v. Gerrard , 39 P.2d 1070 , 1072 (Utah 1935). 17 Utah R. | 1 | 2018–2018 |
Jensen v. Gerrard
green
1 sentence2018See Judd , 2017 UT App 56 , ¶¶ 10-31, 397 P.3d 686 . 16 See, e.g. , Valcarce v. Fitzgerald , 961 P.2d 305 , 311 (Utah 1998) ; Crane v. Crane , 683 P.2d 1062 , 1064 (Utah 1984) ; Richards v. Pines Ranch, Inc. , 559 P.2d 948 , 949 (Utah 1977) ; Lunt v. Kitchens , 260 P.2d 535 , 537 (Utah 1953) ; Jensen v. Gerrard , 39 P.2d 1070 , 1072 (Utah 1935). 17 Utah R. | 1 | 2018–2018 |
Lunt v. Kitchens
green
1 sentence2018See Judd , 2017 UT App 56 , ¶¶ 10-31, 397 P.3d 686 . 16 See, e.g. , Valcarce v. Fitzgerald , 961 P.2d 305 , 311 (Utah 1998) ; Crane v. Crane , 683 P.2d 1062 , 1064 (Utah 1984) ; Richards v. Pines Ranch, Inc. , 559 P.2d 948 , 949 (Utah 1977) ; Lunt v. Kitchens , 260 P.2d 535 , 537 (Utah 1953) ; Jensen v. Gerrard , 39 P.2d 1070 , 1072 (Utah 1935). 17 Utah R. | 1 | 2018–2018 |
Richards v. Pines Ranch, Inc.
green
1 sentence2018See Judd , 2017 UT App 56 , ¶¶ 10-31, 397 P.3d 686 . 16 See, e.g. , Valcarce v. Fitzgerald , 961 P.2d 305 , 311 (Utah 1998) ; Crane v. Crane , 683 P.2d 1062 , 1064 (Utah 1984) ; Richards v. Pines Ranch, Inc. , 559 P.2d 948 , 949 (Utah 1977) ; Lunt v. Kitchens , 260 P.2d 535 , 537 (Utah 1953) ; Jensen v. Gerrard , 39 P.2d 1070 , 1072 (Utah 1935). 17 Utah R. | 1 | 2018–2018 |
Jacob v. Bate
green
2 sentences2017In particular, they argue that the trial court failed to apply “the critical limitations built into the common law elements of a prescriptive easement claim.” As proof, they point to allegedly undisputed evidence, asserting 20140285-CA 6 2017 UT App 56 Judd v. Bowen that it precluded the Judds from clearly and convincingly establishing several prescriptive easement elements. ¶12 “[W]hether the trial court applied the proper legal standard is a question of law that is reviewed for correctness.” Jacob v. Bate, 2015 UT App 206, ¶ 13 , 358 P.3d 346 (alteration in original) (citation and internal q 2017In particular, they argue that the trial court failed to apply “the critical limitations built into the common law elements of a prescriptive easement claim.” As proof, they point to allegedly undisputed evidence, asserting 20140285-CA 6 2017 UT App 56 Judd v. Bowen that it precluded the Judds from clearly and convincingly establishing several prescriptive easement elements. ¶12 “[W]hether the trial court applied the proper legal standard is a question of law that is reviewed for correctness.” Jacob v. Bate, 2015 UT App 206, ¶ 13 , 358 P.3d 346 (alteration in original) (citation and internal q | 1 | 2017–2017 |
Lunt v. Lance
green
2 sentences2017Jensen v. Allred, 2008 UT 22, ¶ 17 , 182 P.3d 337 (listing the elements required to establish adverse possession); Lunt v. Lance, 2008 UT App 192, ¶ 18 , 186 P.3d 978 (listing the elements for a prescriptive easement claim); see also Utah Code Ann. §§ 78B-2-212 to -214 (LexisNexis 2012) (setting out the requirements for establishing a claim of adverse possession). 2017Jensen v. Allred, 2008 UT 22, ¶ 17 , 182 P.3d 337 (listing the elements required to establish adverse possession); Lunt v. Lance, 2008 UT App 192, ¶ 18 , 186 P.3d 978 (listing the elements for a prescriptive easement claim); see also Utah Code Ann. §§ 78B-2-212 to -214 (LexisNexis 2012) (setting out the requirements for establishing a claim of adverse possession). | 1 | 2017–2017 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.