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Real Estate Law Archives

Real estate attorneys are beneficial to have around pre-purchase

Buying a home always is an involved process, but it can be particularly complex if it's your first time doing so. That's why, even if your jurisdiction doesn't require to have your own attorney present to close on your property, you should. You may also benefit from having one review your purchase contract.

Concessions are an important part of your business lease

When it comes to finding office space, many new business owners think that the hard part is over when they finally find a property that will work for them and their needs. Doing so is often only half the battle, though. Negotiating the terms of a lease agreement, and the concessions that you may ask to be included in it, can be just as hard.

Salt Lake City to be a top producing real estate market in 2018

Utah's capital city, Salt Lake City (SLC), is slated to be one of 2018's top ten most booming real estate markets in United States. As we start 2018, SLC is expected to become the sixth most booming market in the United States. Interestingly, St. George, Utah's not-too-distant neighbor, Las Vegas, is expected to become the number one producing market this upcoming year.

Things to avoid when signing a commercial lease

As many regulations that exist related to the handling of residential real estate transactions, they are very few in place that restrict how commercial ones should be handled. It's because of this that you should be quite vigilant when negotiating a commercial lease with your landlord.

Options to pursue in dealing with encroachment

You have an expansive piece of land and someone decides to erect a structure on it either purposefully or because they didn't do proper surveying to get the property boundaries just right. What's described above is encroachment. It's one of the more common reasons real estate disputes get underway.

What residential landlords should know about Utah's eviction process - II

As we discussed in a previous post, those investors who put their money in rental property in the wake of the recession are now grateful for their bold move, as the rebounding real estate market and resurgent economy have allowed them to realize a handsome profit.

What residential landlords should know about Utah's eviction process

Thanks to a rebounding real estate market and a resurgent economy, there is perhaps no better time than the present for those considering an investment in residential rental property to take the plunge. Indeed, many investors have already done so, seeing their rental units occupied quickly and realizing a handsome profit.

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." Valcarce v. Fitzgerald, 961 P.2d 305, 311 (Utah 1998); see also Orton v. Carter, 970 P.2d 1254, 1258 (Utah 1998). However, "once a claimant has shown an open and continuous use of the land under claim of right for the twenty-year prescriptive period, the use will be presumed to have been adverse." Id. The burden then shifts to the property owner who opposes the easement to "establish[] that the use was initially permissive." Id. at 311-12. Each of the elements of prescriptive easement must be proven by clear and convincing evidence. Lunt v. Lance, 2008 UT App 192, ¶ 18, 186 P.3d 978.

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 to cars and real estate. Having a title is very valuable, giving you the right to do what you want with a piece of property.