1. (1) A prescriptive easement may be established if:

   1. (a) a property owner uses an historical livestock trail that crosses another person's property for a period of 20 years; and

   2. (b) the use of the other owner's property as an historical livestock trail for the 20-year period described in Subsection (1)(a) is:

      1. (i) continuous;
      2. (ii) open and notorious; and
      3. (iii) adverse.
2. (2) If a property owner establishes that a use is continuous and open and notorious under Subsections (1)(b)(i) and (ii), there is a rebuttable presumption that the use is adverse.
3. (3) Notwithstanding Subsections (1) and (2), a prescriptive easement under this chapter may only be established on private lands.

Enacted by Chapter 118, 2005 General Session