Legal Opinion

Carol L. Lowry Irrevocable Trust v. G & L Enterprises, LLC

Court of Appeals of Utah

Decided March 24, 2011No. 20100130-CAPublished

1Opinion of the Court

OPINION

CHRISTIANSEN, Judge:

1 Defendants G & L Enterprises, LLC, and Guy L. and Lynda Palmer (collectively, Palmer) appeal the trial court's grant to plaintiffs Carol L. Lowry Irrevocable Trust and Fred Lowry (collectively, Lowry) of prescriptive easements in those portions of Palmer's property over which a stream flows (stream bed) and a road crosses. We reverse the grant of a prescriptive easement in the stream bed and affirm the grant of a prescriptive easement over the road.

BACKGROUND

T2 Near Manti, Utah, Palmer and Lowry own adjacent parcels of property separated by old state highway 89.…

2Cases cited22 opinions

  1. State v. CarterUtah Supreme Court · 1989
  2. State ex rel. K.F. v. StateUtah Supreme Court · 2009
  3. State v. BurnsUtah Supreme Court · 2000
  4. Rawlings v. RawlingsUtah Supreme Court · 2010
  5. Gillmor v. WrightUtah Supreme Court · 1993

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API