Commercial Litigation

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. So you both agree to a suitable property line and mark it with wooden stakes, and your neighbor proceeds to …

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My Neighbor’s Water is Flooding Into My Land. What Are My Rights in Utah?

By Joseph G. Ballstaedt 801-365-1021 joe@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 disputes between neighbors, including the reasonable use rule, the rule Utah courts appear to have adopted. What Different Surface …

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How the Federal Trade Commission Might Kill Non-Competes in Utah

By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com The Federal Trade Commission (FTC) recently announced it is considering a rule that would ban all non-compete agreements. A non-compete agreement (or non-competition agreement) is a clause in an employment contract that prohibits the employee from seeking or taking a certain type of employment after the conclusion of the employee’s employment with the employer. Non-competes sometimes …

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5 Tips for Successfully Negotiating Franchise Agreements

By Benjamin Jensen 801-365-1017 ben@snjlegal.com Whether you are a working-professional looking to expand your services through a well-known brand or a passive investor trying to diversify your portfolio, opening a franchise location can be a lucrative opportunity that enriches both the franchisor and franchisee. The following five tips will help potential franchisees identify and capitalize …

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Construction Liens and Attorney’s Fee Provisions, Two Ways for Contractors to Protect their Paydays

By Benton M. Eskelsen 801-365-1021 benton@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 of the worst parts of being an attorney for these contractors in such predicaments is when I have …

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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. This article also explains the general rule that prevents an unlicensed contractor from suing for unpaid work on a construction …

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Spoliation: When You Must Preserve Evidence in Utah Lawsuits

By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com In Utah lawsuits, both sides have a duty to preserve and not destroy relevant evidence. This article discusses that duty and how a Utah court can punish a party who fails to preserve evidence. It also discusses other relevant issues, such as how to best preserve electronic evidence What is spoliation? …

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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 possession (a prescriptive easement). This article discusses express easements (the most common type of easement), including how they are created, …

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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 property, but friends, business partners, roommates, or anyone can also own property jointly. Joint owners have rights and duties to …

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Three Forms of Ownership in Utah Real Estate

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, an owner can hold title to real estate in several different forms. Three forms of ownership are discussed below: 1) sole ownership; 2) joint tenancy with rights of survivorship; and 3) tenancy in common. Sole Ownership The simplest form of ownership in Utah is sole ownership by a single individual …

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