Case Summary: Gillmor v. Family Link
Posted on Sep. 4, 2012

You have probably heard of easements, but what are other ways to convey an interest in a road or right of way over someone else’s property?  The case Gillmor v. Family Link considered several of these. 

The Gillmor's have owned property near the Weber Canyon Highway for many decades and have been involved in other litigation regarding the property for much of that time. These prior cases have concerned the type of property interest that can be obtained in roads that cross others’ property. One can gain right to use a road through a variety of legal mechanisms, including licenses, limited private easements, easements and condemnation for a public access easement. Each of these types of property interests conveys a different set of rights and obligations. 

Attorneys in Jones Waldo’s real estate department can help you understand which best fits your situation. If you are involved in a dispute regarding roads and access, attorneys in Jones Waldo’s  litigation department, including Eric Lee, Bruce Wycoff, and Kathleen McDonald, have extensive experience helping clients resolve disputes of this type.

This case also concerned issues regarding what interest had been passed to the parties’ children. Jones Waldo’s estate planning department is prepared to help you navigate these sometimes thorny issues. 

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kathleenAttorney Kathleen McDonald

Kathleen is a shareholder at Jones Waldo.  She specializes in litigation with a particular emphasis on appeals and commercial litigation.  Kathleen has written or argued appeals in the Tenth Circuit, the Utah Court of Appeals, and the Utah Supreme Court.  Kathleen specializes in construction, environmental, civil rights, and commercial litigation.

Kathleen received her law degree with honors from the University of Arizona in 2004.  She received her undergraduate degree from Oberlin College.  Kathleen has unusually well-rounded legal experience; in law school, Kathleen clerked with an in-house corporate attorney and worked in government.  She also clerked at the Utah Court of Appeals.  

Local Foundations

Kathleen volunteers a significant amount of time each week with a variety of community programs including the Tracy Aviary, the Bennion Center and Friends of Animals.

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