The Appellate Group

S&W v. Fautin

S&W v. Fautin, 2024 UT App 60 (Mortenson, J.)


S&W purchased a property and quickly shut off public access to it. The Fautins claimed to have a prescriptive easement to a road on the property because they had been using it for decades. S&W filed an action to quiet title and enforce its right of exclusion. The Fautins countersued, arguing that the road had become a public road in accordance with Utah’s Dedication Statute (Utah Code section 72-5-104). The district court rejected the Fautins’ claims and quieted title in S&W’s favor. On appeal, the Utah Court of Appeals affirmed, holding:

  • The district court correctly determined that no prescriptive easement existed.
  • Practice tip: Under the Dedication Statute, the interruption of continuous use becomes relevant only once dedication as a public thoroughfare has been established.

Read the full court opinion