440 North SF v. Vista Heights Investments and SII MegaDiamond
440 North SF v. Vista Heights Investments and SII MegaDiamond, 2024 UT App 73 (Mortensen, J.)
Property
Appellant purchased a residentially zoned Lot. A road runs between that Lot and the neighboring property. Appellant sued for trespass and to quiet title, among other things. Appellees counterclaimed for a declaratory judgment establishing an easement. On a motion for summary judgment, the district court ruled that the undisputed facts entitled Appellees to judgment as a matter of law and certified its judgment as final. Appellant appealed. The Utah Court of Appeals affirmed, holding:
- Appellant failed to meet its burden of persuasion on appeal for each of its arguments.
- Practice tip: Under the law of most jurisdictions, an implied easement’s requirement of unity followed by severance is met where two separate parcels are unified under a single owner before being severed due to a change in ownership.