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Judd v. Bowen 2017 UT App 56 (Mar. 30, 2017)

Mar 30, 2017

In this appeal of a dispute arising out of the use of a driveway in Big Cottonwood Canyon, the court of appeals held that the district court correctly awarded the claimant a prescriptive easement for the purpose of using the driveway to access the claimant’s property, but erred in determining that the claimant was entitled to use the driveway for parking purposes.  In doing so, the court engages in a thorough discussion of the standards governing prescriptive easements, adverse possession, and continuous use.