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Tag: Landowners

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Conservation Easements

A conservation easement (a type of express easement) is created by a voluntary legal agreement between a landowner and another party — usually the government — which restricts the development of a piece of land. Under certain specific conditions, conservation…

Utah Land

Express and Implied Easements

A key question in the law of easements is whether the right to use the land (the easement itself) is express or implied. As is explained in more detail below, the main difference between the two is that an express…

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The ins and outs of adverse possession

Trespassing, the act of entering someone’s private property without permission, is illegal. But when a trespasser continues trespassing for an extended period of time, the law may give the trespasser the right to stay on (or pass through) the land….

Utah Land

In Praise of the Great American Main Street

We read this article published by Huffington Post, and written by Kaid Benfield discussing main streets in America. It is becoming more and more popular to create “main streets” within master planned communities and for cities to revive or create a…

Utah Land

Understanding Population Density

While the United States population density is about 90 people per square mile, most people live in cities, which have a much higher density. Even among cities, density values can vary considerably from one city to another. Population density allows…

Utah Land

Prescriptive Easements

An easement by prescription is one that is gained under principles of a legal concept known as “adverse possession”, under which someone other than the original property owner gains use or ownership rights to certain property. Prescriptive easements often arise…

Utah Land

What Can You Do About an Encroachment?

  What is an Encroachment? Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a…

Utah Land

The ins and outs of view ordinances

In areas where property owners have scenic views, like cities and towns near the ocean, a view ordinance is often in place that may protect your view from any trees on neighboring properties that might block it. These ordinances seldom…

Landowners

Private Property Rights Defined

As the battle to stop Sustainable Development grows, it is important that activists have clear definitions of their points as they deal with elected officials and planners who are making policy in their community. Below is a start in defining…