Utah Easement Question

[utah]

I am in contract to purchase a property in Utah. Access to the property is an old easement which specifies a 20 ft width, problem is the county now requires a minimum of 30 ft to get a building permit.

It is possible to get the easement widened without the landowner's agreement?

The landowner is not friendly and I doubt would agree to anything, this is a rural area widening the easement would not have any real impact on the owner, he just does not want a house built that will have access through his property. The county says they have no flexibility on this, have to have the 30 ft to build, and cannot help with the landowner.

I have an appointment with a real estate attorney next week, the soonest I could get. However I am in the due diligence period and time if of the essence. This is the single biggest obstacle to my purchase. I was hoping someone here might know something helpful. Any advice will be appreciated.

 

[LdiJ]

I am in contract to purchase a property in Utah. Access to the property is an old easement which specifies a 20 ft width, problem is the county now requires a minimum of 30 ft to get a building permit.

It is possible to get the easement widened without the landowner's agreement?

The landowner is not friendly and I doubt would agree to anything, this is a rural area widening the easement would not have any real impact on the owner, he just does not want a house built that will have access through his property. The county says they have no flexibility on this, have to have the 30 ft to build, and cannot help with the landowner.

I have an appointment with a real estate attorney next week, the soonest I could get. However I am in the due diligence period and time if of the essence. This is the single biggest obstacle to my purchase. I was hoping someone here might know something helpful. Any advice will be appreciated.

My advice would be to walk away from the purchase. If the landowner does not want a house built there he is just going to make your lives miserable for years to come.

 

[adjusterjack]

Agree. Walk away.

 

[154NH773]

If you really want the property see if you can extend the due diligence period until you speak with the lawyer.
There may be several ways this situation could be resolved. In general a property cannot be landlocked, and it may be possible to force an easement, or get a variance. The lawyer will have to research the history of when different elements occurred.
You will need a lawyer who specializes in land use law, and it may be costly and take time in court.

 

[Zigner]

I'm curious...and this has no (direct) bearing on your matter...
Are you from Utah, or are you coming from out-of-state?

 

[quincy]

I am in contract to purchase a property in Utah. Access to the property is an old easement which specifies a 20 ft width, problem is the county now requires a minimum of 30 ft to get a building permit.

It is possible to get the easement widened without the landowner's agreement?

The landowner is not friendly and I doubt would agree to anything, this is a rural area widening the easement would not have any real impact on the owner, he just does not want a house built that will have access through his property. The county says they have no flexibility on this, have to have the 30 ft to build, and cannot help with the landowner.

I have an appointment with a real estate attorney next week, the soonest I could get. However I am in the due diligence period and time if of the essence. This is the single biggest obstacle to my purchase. I was hoping someone here might know something helpful. Any advice will be appreciated.

Who is selling the property? Does your contract to purchase have any contingency that allows you to walk away without penalty if the landowner will not voluntarily grant a widening of the easement?

Walking away from the purchase certainly would be the easiest thing to do. If the landowner does not want to widen the easement, you could find yourself spending more time and more money and more effort in court than the property is worth.

But, if the property is one you are intent on owning, the attorney you see on Monday can guide you.

 

[utah]

If you really want the property see if you can extend the due diligence period until you speak with the lawyer.
There may be several ways this situation could be resolved. In general a property cannot be landlocked, and it may be possible to force an easement, or get a variance. The lawyer will have to research the history of when different elements occurred.
You will need a lawyer who specializes in land use law, and it may be costly and take time in court.

Thanks, and I do have time to see the lawyer, just trying to find out all I can as quickly as possible. It will be Wednesday before I can get with the lawyer. I do plan to speak with the neighboring landowner myself, probably before I get into see the attorney, and knowing what my legal options are is important.

Does your contract to purchase have any contingency that allows you to walk away without penalty if the landowner will not voluntarily grant a widening of the easement?

Walking away from the purchase certainly would be the easiest thing to do. If the landowner does not want to widen the easement, you could find yourself spending more time and more money and more effort in court than the property is worth.

Yes, my contract does allow me to walk away, for any reason, and I have a couple of weeks. It is a very unique piece of property so it is worth some effort, but I don't want to end up with something I cannot build on.

Are you from Utah, or are you coming from out-of-state?

I live just a few miles from the property, in Utah.

All replies are appreciated!

 

[quincy]

Thanks, and I do have time to see the lawyer, just trying to find out all I can as quickly as possible. It will be Wednesday before I can get with the lawyer. I do plan to speak with the neighboring landowner myself, probably before I get into see the attorney, and knowing what my legal options are is important.

Yes, my contract does allow me to walk away, for any reason, and I have a couple of weeks. It is a very unique piece of property so it is worth some effort, but I don't want to end up with something I cannot build on.

I live just a few miles from the property, in Utah.

All replies are appreciated!

Thank you for answering all of our questions.

You could find that the scope of the easement described in the easement deed will not allow for an expansion of the easement from 20 to 30 feet. You will want the attorney’s personal review to see what can be done with the property, what the restrictions are on use.

Here is a link to information on Utah easements, published by the Utah Department of Commerce, Office of the Property Rights Ombudsman:

https://propertyrights.utah.gov/easements/

It certainly would help you if the property owner (servient tenant) agreed to the expansion.

Good luck.

 

[FarmerJ]

Curious ? So at one point in history was the land you wish to buy part of the same parcel as the land that has a easement for you to cross on ?

 

[quincy]

Curious ? So at one point in history was the land you wish to buy part of the same parcel as the land that has a easement for you to cross on ?

In addition to all else that needs to be checked, zoning should be checked, too.

 

[utah]

So at one point in history was the land you wish to buy part of the same parcel as the land that has a easement for you to cross on ?

I don't know but can probably find out. What difference would that make?

Quincy, I am ok with zoning, the only other outstanding issue seems to be a water supply. The elevation may be too high to get water pressure from the local water district, I plan to talk with them tomorrow.

 

[quincy]

I don't know but can probably find out. What difference would that make?

Quincy, I am ok with zoning, the only other outstanding issue seems to be a water supply. The elevation may be too high to get water pressure from the local water district, I plan to talk with them tomorrow.

The easement appears to be one of several possible roadblocks to building on the property, then. It is smart of you to research all of this now, before you are locked into the purchase contract.

If you have the chance, please update this thread and let us know what happens. Good luck.

 

[FarmerJ]

You didnt mention if you could be able to have a well drilled ( your county could tell you about well drilling permit process ) , But I suggest that would be a smaller issue than the easement / access. in the end though it still may not be worth the legal cost.

 

[quincy]

You didnt mention if you could be able to have a well drilled ( your county could tell you about well drilling permit process ) , But I suggest that would be a smaller issue than the easement / access. in the end though it still may not be worth the legal cost.

“Unique” properties can be a good investment, depending on their type of uniqueness, but this particular piece of property is sounding to be more and more like a money pit.