Can a landowner defeat prescriptive easement claims through general public licenses? Van Denburgh v. Sweeney Land Explained

In Van Denburgh v. Sweeney Land, the Utah Court of Appeals addressed whether a landowner can defeat a prescriptive easement claim by proving the claimant’s use was permissive under a general public license. The case demonstrates how property owners can protect themselves from adverse possession claims through careful documentation of their permission policies.

Background and Facts
David Van Denburgh owned a vacation home adjacent to a 64-acre property owned by Sweeney Land Company. Van Denburgh and his predecessors had used a path across Sweeney’s property to access the Creole Ski Run for recreational activities like hiking and skiing. When disputes arose over Van Denburgh’s installation of gates, sprinklers, and “No Trespassing” signs on Sweeney’s land, Van Denburgh claimed a prescriptive easement over the path. Sweeney moved for summary judgment, arguing Van Denburgh’s use was permissive rather than adverse.

Key Legal Issues
The central issue was whether Van Denburgh could establish the adverse use element required for a prescriptive easement. Under Utah law, a prescriptive easement requires proof by clear and convincing evidence that use was “(1) open, (2) notorious, (3) adverse, and (4) continuous for at least 20 years.” While open and continuous use creates a presumption of adverse use, landowners can defeat this presumption by proving the use was initially permissive.

Court’s Analysis and Holding
The court affirmed summary judgment for Sweeney. Although the trial court assumed Van Denburgh’s use was open, notorious, and continuous for twenty years, Sweeney successfully rebutted the presumption of adverse use. Since 1979, Sweeney had maintained a public license allowing recreational access to its entire property, constructing switchback trails and posting signs welcoming public use. The court found Van Denburgh’s recreational use of the path was indistinguishable from the general public’s permitted use of the property.

Practice Implications
This decision reinforces the importance of documenting permission policies to defeat prescriptive easement claims. Property owners should maintain clear records of public accommodations, including signs, public statements, and consistent practices. The case also illustrates that general permission extending to an entire property can defeat specific easement claims, even where the claimant’s use appears distinguishable from typical public access.