Civil Jury Instructions – Easements by Prescription, Necessity, and Implication – Comment period expires March 15, 2024

The following Model Utah Civil Jury Instructions addressing Easements by Prescription, Necessity, and Implication have been drafted and published.

CV920 – “Easement” Defined.

CV921 – Prescriptive Easement. Introduction.

CV922 – Prescriptive Easement. Elements of a claim.

CV923 – Prescriptive Easement. “Continuous” Defined.

CV924 – Prescriptive Easement. “Open and Notorious” Defined.

CV925 – Prescriptive Easement. “Adverse” Defined.

CV926A – Adverse Presumption.

CV926B – Overcoming Adverse Presumption.

CV930 – Easement by Necessity. Introduction.

CV931 – Easement by Necessity. Elements of a claim for access to landlocked property.

CV940 – Easement by Implication. Introduction.

CV941 – Easement by Implication. Elements.

Please reference the instruction(s) in your comments. Although these instructions are subject to a comment period, they are now ready for use. The Model Civil Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate. To view all MUJI Civil instructions please visit the MUJI website – here.

The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Civil Jury Instructions Committee. To view the Committee’s work please visit the MUJI Civil Committee website – here.