The Appellate Group

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.)


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.

Read the full court opinion