Easement Vacation Unlocks ADU Permit
Case Study — Easements & Access / Residential Permitting
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Easement Vacation Unlocks ADU Permit After Eight Months of Stalled City Approvals
Stall Duration
8 months
City Council Vote
Unanimous
Resolution
Easement vacated, permit granted
Litigation
None required
The Situation
Eight Months of Contradictory City Guidance
A Utah property owner had a straightforward goal: build an Accessory Dwelling Unit (ADU) on her property. She had the space, the financing, and a contractor ready to begin. What she did not have was a permit — and after eight months of navigating city offices, she was no closer to one.
The obstacle was an old easement recorded on the property. The easement crossed the exact area where the ADU needed to be placed, and the city's planning department would not approve the permit while the easement remained on record. The problem: no one at the city could tell her clearly who held the easement, whether it was still active, or what the process was to address it.
Different departments gave contradictory guidance. One told her the easement holder needed to sign a release. Another told her to go to court. A third said the easement had probably expired but couldn't confirm it. Eight months passed. Nothing moved.
She engaged Highland Surveying to do what should have been done at the outset: survey the property, identify the easement's legal status, and determine the correct path to resolution.
The Risk
An Indefinitely Blocked Project and a Path to Litigation
Without a clear legal analysis of the easement's status, the owner faced two bad options: pursue a court action to extinguish the easement (expensive, slow, uncertain) or abandon the ADU project entirely and absorb the sunk costs already spent on planning and contractor deposits.
The ADU represented a significant investment in both her property value and future rental income. The longer the impasse continued, the more likely contractor availability and financing terms would shift against her. An easement that "might be expired" does nothing for a building permit.
Highland's Approach
Full Boundary Survey, Utility Locate, and Statutory Analysis
Highland began by researching the easement's complete history: the original grant document, the stated purpose of the easement, the identity of the easement holder, and the chain of ownership for both the dominant and servient estates. This research established who actually held the easement and under what authority it had been created.
In the field, Highland surveyed the full property boundary and conducted a thorough investigation of the easement corridor. They coordinated with utility locating services to confirm whether any utilities were physically present in the easement area — critical, because an easement created for utilities that are no longer present is subject to different legal treatment than one actively serving infrastructure.
The investigation confirmed the easement corridor was completely unoccupied. No utilities. No physical improvements. No evidence of use within the statutory period required for the easement to remain in force under Utah Code § 72-5-105.
Armed with the documentary record and the field evidence, Highland prepared a survey package and legal analysis identifying the easement's status, the statutory basis for vacation, and the correct procedural path: not a court action, but a city council vacation hearing — a process far faster, less expensive, and more predictable.
The Findings
The Easement Was Dormant and the Statute Was Clear
Highland's findings were unambiguous: the easement had not been used for a period exceeding the statutory threshold under Utah Code § 72-5-105. No utilities occupied the corridor. The easement holder had no active interest in the easement. The conditions for vacation were met.
The eight months of confusion at the city weren't caused by a complicated legal situation. They were caused by no one having done the survey and statutory analysis needed to see what was actually in front of them.
Highland documented the findings, prepared the vacation petition, and supported the owner through the city council process with the survey and supporting documentation in hand.
The Protection
Unanimous City Council Approval. Building Permit Issued.
The city council voted unanimously to vacate the easement. With the easement removed from record, the planning department issued the ADU building permit.
The outcome for the client:
- ADU permit issued — project could proceed as originally planned
- 8-month impasse resolved without litigation
- Court action avoided — the city council vacation process required no attorney involvement
- Property value preserved — ADU added rental income potential and property equity
The right analysis at the start could have saved eight months. But that's the nature of these situations: the complexity is rarely in the facts — it's in knowing what to look for and what the statute actually requires.
Case reference #23001. Details modified to protect client confidentiality.
Case Outcome
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