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SRB Investment Co., Ltd. v. Spencer, 2020 UT 23 (May 8, 2020)

May 8, 2020

The supreme court reversed the district court’s judgment restricting SRB Investment Company’s use of a prescriptive easement, explaining that the district court focused on the purposes for which SRB would use its land rather than on the purpose for which the servient estate’s relevant portion would be used.  On remand, the Supreme Court instructed that “the court should take a flexible approach to determining the scope of the prescriptive easement – an approach that permits changes in the use of the parties’ respective property rights so long as those changes do not materially increase the burden imposed on either party.”