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Utah Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: Is hiking across posted private property a trespass in Utah? My intention is to get to the other side, nothing else.

Scenario: I am hiking near Zion National Park and come across a fence that says "no trespassing". I'm trying to reach the highest point in Zion National Park but it is surrounded by cliffs (which I can't climb) and private property on the adjacent lands. There is a sign posted... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 23, 2020

In Utah, if you own property, you have a right to control who enters that property. Without an invitation, you are trespassing. If someone sues you for trespassing, they normally need to show what damage you did on their property to win money. In unique cases, someone may win more money than normal... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: I'm a land owner of manorlands housing association fighting for my rights while a lien has been put against land..
Kenneth Prigmore
Kenneth Prigmore answered on Sep 16, 2020

You are writing from Wyoming, and this is the Utah board, so we can only answer questions regarding property in Utah. Owning property in a HOA is a gamble as you get the benefit of controlling what happens in your HOA according to the rules, but if you ever cross the rules, you may have problems of... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: My dad's landlord has been collecting rent from my dad and today we found out due to code enforcement that we have 10

Days to move cuz it is city property. Not our landlords. He refuses to refund any money or help with moving costs. We signed a lease and everything. What are our rights?

Kenneth Prigmore
Kenneth Prigmore answered on May 8, 2019

Since 10 days have already passed, I assume you are already out of the property, unless you retained an attorney that was able to help you work something out with the city. In regards to paying rent and getting a refund from the landlord, any rent paid in advance for days you aren't allowed to... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Utah on
Q: How many days does a land lord need to evict for none payment utah
Wesley Winsor
Wesley Winsor answered on Jun 22, 2017

A landlord can serve a 3 day notice to pay or quit the day after the payment is due. If the tenant pays, they get to stay. If they don't then the landlord can start the eviction process.

I hope this helps.

Wes

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: Can a county demand an easement as part of a subdivision approval?

The county is forcing me to create a one lot subdivision. The engineering department will not approve my map unless I move my property line back 50 feet.

Wesley Winsor
Wesley Winsor answered on May 9, 2017

Yes, they can unless you can prove their decision is discriminatory or capricious. As long as they have a reasonable reason to impose the requirement they can. Sorry.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: does my neighbor have to split the cost of a fence

If they agreed to the fence and intend to use it by eventually fencing in their property as well

Wesley Winsor
Wesley Winsor answered on May 9, 2017

If they agreed to the fence then it sounds like there is some kind of contract. So your question really is a contract question. If they just agreed to allow you to construct a fence, then there is no obligation to pay for it. You could argue unjust enrichment, but if they didn't do anything... Read more »

1 Answer | Asked in Land Use & Zoning, Criminal Law and Real Estate Law for Utah on
Q: My neighbor has a right of way across my property to access his property to my south. He has a camera in his window

Viewing my property. I feel uncomfortable going outside to garden or whatever. Is this legal?

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

It depends on how the area is setup and whether or not you have a reasonable expectation of privacy in that area. If you are uncomfortable, you can start by talking to the neighbor about it being as kind and courteous as possible. If for some reason that doesn't work, you can get an attorney... Read more »

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