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Bridge BLOQ NAC LLC v. Sorf, 2019 UT App 132 (Aug. 1, 2019)

Aug 1, 2019

As a matter of first impression, the court adopted a test for defining the scope of an implied easement, holding that it is based on the parties’ probable expectations at the time of severance.  Applying this approach, the court affirmed the district court’s ruling (based on factual findings by the jury at trial) that plaintiff had an implied easement to continue using an alleyway for parking.