C-B-K Ranch v. Thomas
C-B-K Ranch v. Thomas, 2023 UT App 110 (Luthy, J.)
Landowner possessed an easement over a neighboring property that provided the only access to Landowner’s property. Landowner wished to replace the gate on the roadway with an electric gate. However, the burdened property’s owner opposed the replacement, arguing that the proposed gate would be less convenient, less reliable, and invite trespassers. A district court agreed with the owner of the burdened property. The Utah Court of Appeals reversed, holding:
- The district court exceeded its discretion in finding that Landowner’s proposed electric gate would unreasonably burden the property because it did not apply the correct legal standard to determine the scope of the easement.