Real Estate Law Articles

COVID-19 and Landlord Rights
Without question, the impacts of COVID-19 have been felt on a wide scale across the economy of Utah. Many rumors and questions have arisen as to whether these impacts require tenants to pay rent, or ...
Read More →
Force Majeure Clauses and COVID-19
Many contracts include what is commonly known as a “Force Majeure” clause. “Force Majeure” translates literally as “superior strength.” Force majeure clauses may also be known as “Act of God” clauses. A force majeure clause ...
Read More →
Contractors and Subcontractors – What Does COVID-19 Mean for Your Contracts?
We suddenly find ourselves in a much different business atmosphere in April of 2020.  Much of what we are experiencing is, of course, uncharted territory.  The COVID-19 precautions and shutdowns are likely to impact every ...
Read More →
Title Insurance in Utah Residential Real Estate Transactions
One of the more confusing items on any closing sheet in a residential real estate transaction is the “Title Insurance.”  Title Insurance simply provides insurance to interested parties that they hold “clear title” to the ...
Read More →
Boundary by Acquiescence: How Not Objecting Can Move Property Lines
Joseph G. Ballstaedt 801.365.1021 joe@snjlegal.com Let’s suppose your neighbor accidentally builds a fence two feet into your property. And let’s suppose you don’t object for more than a couple decades. Now, who owns that two ...
Read More →
Escrow and Closing in Real Estate Transactions
Once the contract contingencies have been completed, the real estate transaction progresses to what is commonly called Closing.  Closing simply means that each party completes their contractual obligations – the Seller provides a deed, and ...
Read More →
Construction Liens: A Basic Comparison Between Utah and Idaho Law
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Many contractors, subcontractors, suppliers, and other parties in the construction industry conduct business in both Utah and Idaho. To preserve and enforce their construction lien rights, these entities must be aware of ...
Read More →
Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com As I have explained earlier, liens are automatically created when a worker, contractor, subcontractor, supplier, or other person or entity provides construction services on real property. Although nothing more is required to create this lien, ...
Read More →
When Not Stated, What Interest Rate Applies to Contracts in Utah?
Joseph G. Ballstaedt 801.365.1021 joe@snjlegal.com The answer to this question is quite simple. Under Utah law, people who enter a contract can agree to any interest rate they want, but if they do not agree to ...
Read More →