When a group of individuals comes together with a plan to market a product or provide a service for which they believe there is consumer demand, they will be confronted almost immediately with the need to make a multitude of important decisions. For instance, these...
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Offering professional legal services to individuals and businesses since 1986.
Year: 2016
Prescriptive Rights Presumed if Use Over Twenty Years
To establish a prescriptive easement, a person must show, "by clear and convincing evidence," Buckley v. Cox, 247 P.2d 277, 279-80 (Utah 1952), that his "use of another's land was open, continuous, and adverse under a claim of right for a period of twenty years."...
Issues with titles can become serious legal headaches
When you own land or a home, you will obviously be very familiar with the term "title." A title is a legal right of ownership for a particular piece of property. Title can be referred to in many different contexts, but you really only hear the terms used in relation...
Commercial lease particulars: multifaceted considerations
No successful business entity in Utah or anywhere else across the United States would consider involvement in a transaction of any complexity without having solid legal acumen at hand to identify and gauge risk, as well as to mitigate it to the fullest extent...
How to file a complaint against homeowner’s association board member
Owning a home is often considered an essential part of the American dream, but sometimes your neighborhood’s homeowner’s association board seems determined to turn the dream into the great American nightmare. Conflicts with a homeowner association...
Establish residency thoughtfully
Crafting an estate plan is a vital tool for those seeking to preserve their assets as they age. Due to the varying tax considerations of different states, determining where you may be relocating for retirement or for late-life care can have significant...
Inheritance rights: know your position
When someone drafts their will and puts together their estate plan, the chief reason for doing so is to protect their assets and pass them on to their family members and loved ones. These assets compose an heir's "inheritance," and when someone inherits property and...
RESTRICTIVE COVENANTS AS SIMPLE CONTRACTS
The Utah Supreme Court strengthened the power of an owner's association and a homeowner's association governing board to enforce the restrictive covenants against individual lot owners. In Fort Pierce Industrial Park Phases II, III & IV Owners Association v....
Holding a Person in Contempt for Violating a Utah Divorce Decree
What are your options if your ex-spouse violates the divorce decree? Perhaps she refuses to pay child support, or he is behind on his alimony payments. Or perhaps she refuses to pay the credit card debt allocated to her in the decree, or he interferes with your...
These are some of the reasons to update your will
It may not be at the top of your to-do list, but updating your will is a step that you need to take every once and awhile. If you leave your will unattended for years and years, it can leave you and your estate vulnerable to execution problems, such as assets going to...