Real Estate Law Articles

Utah Construction Liens: An Overview of the Five Basic Steps

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, a construction lien is a valuable tool for any contractor, subcontractor, or supplier who does not receive payment for work it performs on a construction project. If the party who …

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Lien Worthy Restoration Work

In Utah, to lien, you must do more than clean. Restoration contractors often do more than clean up when disaster strikes a home or business. When a restoration contractor physically improves the structure, there may be …

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The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In prior articles, I explained four general steps to preserving and enforcing a construction lien (also known as a mechanic’s lien) in Utah. These steps include: 1) filing a preliminary notice; 2) recording a …

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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 …

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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 …

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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 …

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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 …

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Boundary by Acquiescence: How Not Objecting Can Move Property Lines

Joseph G. Ballstaedt801.365.1021joe@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 feet of …

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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 …

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