Real Estate Law Articles

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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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 …

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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, …

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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 …

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Preserving Lien Rights in Utah Through the Notice of Construction Lien

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Liens are automatically created when a person provides construction services on a piece of real property. The lien is an encumbrance that attaches to the owner’s interest in the property, and all that the …

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How Credit Applications Protect Utah Suppliers

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Most Utah suppliers provide equipment, materials, supplies, and other goods to general contractors, subcontractors, and sometimes other suppliers on an ongoing basis. Depending on the nature of the business relationship, each purchase …

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Restrictive Covenants: When Non-Compliance Might Be Acceptable

A property owner cannot build on and use his property in any way that he chooses. He must follow any applicable state and city laws and ordinances and obtain the required permits and approvals, of …

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The Preliminary Notice: The First Step in Preserving Lien Rights in Utah

A construction lien—sometimes called a mechanic’s lien—is automatically created when a worker, contractor, subcontractor, supplier, or other entity in Utah provides work, services, or improvements on or for a specific piece of real property. (For simplicity in …

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