Real Estate Law Articles
Boundary by Estoppel: How Representing Wrong Property Lines in Utah Is Binding
By Joseph G. Ballstaedt801.365.1021 joe@snjlegal.com Let’s suppose you buy undeveloped property and ask your east neighbor where the property line is so you can build an expensive fence on your side of the property line. He ...
Read More → Three Types of Real Estate Deeds in Utah
By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com In Utah, owners of real estate generally transfer their land using one of three types of deeds: 1) a warranty deed; 2) a special warranty deed; or 3) a quitclaim deed. This article ...
Read More → Boundary by Agreement: How Agreeing to Wrong Property Lines in Utah Is Binding
By Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Let’s suppose your neighbor wants to build a fence between your two properties. You two aren’t sure where the real property line is and neither wants to pay for a survey. ...
Read More → My Neighbor’s Water is Flooding Into My Land. What Are My Rights in Utah?
By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com If water from your neighbor’s property is flooding into and damaging your property, what can you do? Who is responsible? What laws apply? This article discusses different rules that govern surface water intrusions and ...
Read More → Construction Liens and Attorney’s Fee Provisions, Two Ways for Contractors to Protect their Paydays
By Benton M. Eskelsen801-365-1021benton@snjlegal.com One of the worst parts of working in the construction industry is how often clients, general contractors, etc. refuse to pay contractors for a job without any justification. Similarly, one ...
Read More → What Happens When a Utah Contractor Works Without a License?
By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com Doing construction work in Utah without a proper license is a risky business. This article discusses what construction work requires a license and what work is exempt from requiring a license. ...
Read More → Unconscionable and Unenforceable Contracts in Utah
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Almost every contract in Utah is enforceable, but a contract or agreement that is unconscionable is unenforceable. The contract defense of unconscionability prevents oppression and unfair surprise. This article discusses the difficult ...
Read More → Rights Under Express Easements in Utah
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 ...
Read More → What Can a Utah Property Owner Do When a Co-Owner Fails to Pay Property Expenses?
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 ...
Read More →