Rights Under Express Easements in Utah

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] An easement is the right to use another person’s land. In Utah, easements can be created in a variety of ways, including by expressly giving an easement, by implication, by necessity, and by adverse possession (a prescriptive easement). This article discusses express easements (the most common type of easement), Read More

What Can a Utah Property Owner Do When a Co-Owner Fails to Pay Property Expenses?

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By Joseph G. Ballstaedt 801-365-1021 [email protected] In Utah, a person can hold title to real estate with other people in a variety of ways, including as joint tenants with rights of survivorship or tenants in common. Spouses regularly share ownership of a property, but friends, business partners, roommates, or anyone can also own property jointly. Read More

Stopping Employees from Breaching Non-Competes and Non-Solicits Through Injunctions

Posted in Blog, Commercial Litigation, Employment Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] After a Utah employee leaves his or her employer and breaches a non-compete agreement by working for a competitor, or he or she breaches a non-solicitation agreement by soliciting customers or employees of the former employer, can that employer stop the employee from continuing to engage in this conduct? Read More

Are Non-Competition Agreements in Idaho Enforceable?

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By Joseph G. Ballstaedt 801-365-1021 [email protected] In Idaho, a non-competition agreement is an agreement between an employer and an employee that prohibits the employee, after the employment relationship ends, from engaging in employment or a line of business that directly competes with the employer. Non-competition agreements generally prohibit employees from selling or offering to sell Read More

How to Start a Partnership in Utah

Posted in Blog, Business Organizations by

When you are starting a business, if you have a business partner (or two or more), you can choose a partnership as your business entity. After reviewing the options, you have decided a limited partnership (LP) or limited liability partnership (LLP) is the best choice for you. Making the choice to create a partnership is Read More

Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] To preserve a lien claim, a lien claimant must, among other things, record a notice of construction lien with the county recorder’s office, and within 180 days thereafter, initiate a lawsuit to foreclose on that lien. But what happens if, within that 180-day period, the lien claimant files an Read More