Real Estate Law Articles

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 …

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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 …

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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 …

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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 …

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

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 …

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Timelines (and the Statute of Limitations) for Foreclosing on a Trust Deed in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, trust deeds are often used to secure loans, ranging from loans for homebuyers to loans for general contractors used to finance real estate developments. The real property identified in the …

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What Sellers and Purchasers Need to Know about a Utah Real Estate Sale

A real estate sale can seem like a daunting task, but with an attorney on your side, you can sail through with ease. There are a few documents that you need to understand when entering …

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How to Deal with Ambiguous Contracts in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com What happens when two parties to a contract disagree about what the contract language means? How are ambiguities in a contract resolved? Utah courts and judges should interpret and enforce each contract …

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How to Own Your Real Estate

Real estate encompasses not only one’s primary residence but also other real estate such as a vacation home or a rental property. The ideal form of ownership varies depending on the type of real estate …

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