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WiseOwl58, Lawyer
Category: Real Estate Law
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Experience:  Experienced real estate lawyer and real estate broker.
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We have a recorded 16 foot easement (ROW) which was created

Customer Question

we have a recorded 16 foot easement (ROW) which was created for ingress and egress to our property (utah), over the property of a neighbor whose land is below ours. We live in the mountains. my question involves snow removal. I cannot find any thing specific regarding what we have to do with the snow when we are plowing the ROW. can we deposit the snow on his property? Under general law of easements can he require us to dump the snow elsewhere? also, if the express width of the ROW is 16 ft, can we put in drainage to the road that lies outside of the 16 ft ROW as long as the road surface itself doesn't extend beyond the 16 ft? Please quote utah case law or statute in your answer if possible. thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

Under applicable Utah law, you can dump the snow on his property, as long as it doesn't impede his use of the property, such as blocking his driveway or ability to get in and out.