How to Work with Landlocked Parcels in Utah

Quite often, surveyors get asked about landlocked parcels of land and the owners’ rights concerning Utah boundary laws. A landlocked parcel is a piece of property only accessible by crossing another parcel with no boundary on a public right-of-way making the parcel appear to have no apparent access associated with it.

Access is defined as the ability to get to the subject property by vehicle and on foot. There are multiple options to gain access rights to a landlocked parcel, including an expressed easement, easement by implication, or a prescriptive easement.

The easiest option for access to be recognized is an expressed easement that crosses adjoining lands with the public right-of-way. These can already be created in the form of a deeded access description or an exhibit mapping the access referenced in the property’s deed. If an expressed easement is not yet created, one can be created by working with the owner of an adjoining property with public access.

An easement by implication may take the form of a gravel road or woodland trail that has been historically used to access the parcel. This type of access is evidenced by use but has no legal paper trail and would not show up on a property title report.

Lastly, a prescriptive easement is established by “open and notorious” use without permission, similar to title by adverse possession. To use this option requires exclusive use over a length of time. As with the easement by implication, there is no legal paper trail to this access. It would be prudent to consult a property attorney about the steps to take to add access to the property’s marketable title.

Since different states handle these situations slightly differently, it’s always a good idea to consult a legal professional before your property purchase. A great first step on your journey would be visiting the Office of the Property Rights Ombudsman through the Utah Department of Commerce in person or on their website at https://propertyrights.utah.gov/access-rights/

For more information on working with landlocked parcels or other survey questions contact Jon Behr in our Survey Division at 801.702.4701  or jon.behr@crsengineers.com.

This article is provided for educational purposes only. Nothing in this article is intended to constitute legal advice and should not be construed as such.