Our Utah real estate and property attorneys have the experience needed to help you navigate all legal matters surrounding real estate and property, including property disputes, or issues involving estate planning.
We help protect your property
Our experienced real estate attorneys will negotiate terms, draft purchase and sale agreements, and make sure your deal is fair. We will work diligently to protect your interests. Some errors with real estate transactions can cause major problems which may last for years.
If you are getting ready to buy or sell property, our Utah attorneys are here to ensure a proper transaction.
We can also offer our services if you are involved in a property dispute. Our property litigation team is experienced and ready represent you in a variety of disputes including:
- Foreclosure Proceedings
- Property Liens
- Residential & Commercial Leases
- Title Actions
Resolving boundary disputes
If you believe that your neighbor is encroaching on your property, the place to start is with your deed. Take your deed to a land surveyor or civil engineer and have that person create a survey of your property. If you get into a dispute about boundaries, the court will start by finding the line described in the deeds. That line will be presumed to be the boundary line between the properties. (Occasionally, the deeds for adjoining properties will not be the same. If that is the case, it adds another layer of complexity to the matter.)
Although the court will presume that the line described in the deed is correct, there are ways to overcome a deed line. The most common is called boundary by acquiescence. In order to prove a boundary by acquiescence, a party must prove four elements:
• The dispute must be between adjoining properties. This element is obvious, and we are not aware of any case in which this was an issue. It’s hard to see how you can have a boundary dispute if the properties don’t share a boundary.
• There must be a visible line between the properties. The most common kind of visible line is a fence, but a party can claim any kind of visible line as a boundary. Some examples include roads, paths and even lines of trees.
• The parties must have acquiesced in the line as the boundary. This is the element of a boundary by acquiescence which is most often contested. The party opposing the boundary by acquiescence can claim that he was aware of the line, but never acquiesced in the line as a boundary. In order to resolve this issue, the court will concentrate on what the parties did more than what they claim to have thought. For instance, if one party can show that the fence served a purpose other than to mark the boundary (such as containing livestock), that may count against the claim of a boundary by acquiescence. In addition, evidence that the parties discussed the fence and whether it was on the boundary line will also influence the court’s decision.
• The acquiescence must have continued for more than 20 years. The most important part of this element is that the courts mean 20 years. Getting close to 20 years is not sufficient—the fence or other line must have been in place for at least 20 years.
If the party claiming boundary by acquiescence can prove all of these elements, the visible line between the properties becomes the boundary line, and that line takes precedence over the line described in the deeds.
If you are involved in a boundary dispute, if believe that you have a claim for boundary by acquiescence, or if a neighbor is making such a claim against you, call us today.
If you are facing condemnation, our real estate attorneys can help determine if the condemnation is legal and if the price you have been given for your property is fair. State laws dictate the reasons why private properties or estates may be taken by the government. If these uses do not apply to your situation, we would like to meet with you to discuss what can be done in your case.
Falling behind on your mortgage payments?
Are you having difficulty making your monthly payments? If you are struggling with your finances, you are not the only one. Foreclosure can happen when a homeowner falls behind on his or her mortgage payments. If you think foreclosure may be in your future, a real estate attorney can help you. By looking at your situation, we can offer some options that may help you avoid foreclosure. Please give us a call today and schedule a consultation with one of our attorneys.
Are you involved in a property dispute?
Property disputes can turn into unfriendly situations. It is very unfortunate when this happens because it can create an icy chill between neighbors. By hiring an attorney, you will have legal advice and support at your disposal as you proceed with your case. We will help you to present the right information in your case that will lead to a quick resolution.
Not happy with your new zoning changes?
Our state is divided into various zoning areas. This helps avoid any conflict among neighbors who have different intent regarding their property. Zoning states that land can only be used for what it has been zoned for including residential, commercial, and industrial land. To know what is allowed on your specific property, you should consult with your local laws. If you aren’t happy with any new zoning changes in your area, give us a call. We will see what adjustments we could propose that may better your situation. Changes in the zoning of your community may affect the value of your home. If so, please let us see how we can help protect your investment.