Sevier, UT asked in Real Estate Law for Utah

Q: Does the person who purchased property in Utah have to honor ingress and egress rights given by the previous owner?

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1 Lawyer Answer
Douglas J. Shumway
Douglas J. Shumway
  • Salt Lake City, UT
  • Licensed in Utah

A: The answer to that question is that it depends on a number of things, but probably yes, the current owner would likely have to honor rights granted by a prior owner. Many times such rights are recorded in the public records but often disputes can arise simply because someone used a path for a number of years with the permission of the prior owner and believes that such permission, and the use of the path or road, allows them to continue such use forever. Disputes over issues like this often cost a lot of money and end up with the two parties disliking one another very much, but it is generally worth coming up with a compromise and then having a lawyer ensure that the compromise is documented correctly so that there is no question about the rights in the future. This foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah.

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