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... View More 
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... View More
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... View More
My ex called me tonight to let me know he is selling his house but can’t because my name is on the title. He is asking me to sign documents that basically give my rights to the house away? I don’t know how this works and I had no idea I was even on the title. We was never married. We bought... View More
answered on Sep 11, 2020
As a Real Estate attorney, I don't have much to tell you. Outside of a marriage relationship, if someone places your name on the deed, this is normally either a gift, or a purchase, of 50%. When a parent adds a child to their deed, the child is now a part owner.
Because you had a... View More
They justify the increase in a study carried out to make future repairs, however, families in this pandemic are unable to pay that increase. Is there any way to prevent this increase?
answered on Aug 26, 2020
HOAs are designed to get a particular result in the neighborhood: everything looks nice, nothing seems out of place. If you every disagree with the HOA, and you can't get enough people in the HOA to vote to do things your way, then you are stuck. Many HOAs cycle through power struggles similar... View More
answered on Aug 26, 2020
Here's what you want to avoid: getting sued for interference with a contract. The buyer and seller have a contract, and you step in and stop that contract. To avoid this type of lawsuit, anything you do needs to result in making both the buyer and seller happy.
One option is to pay... View More
Received weird images of world terror and killing on his car and taped to apartment doorstep. Have come home to find door ajar after locking it. They’ve filed police report. The complex will let them out of lease at the cost of $4000 which they can’t afford but they are afraid and have come... View More
answered on Aug 15, 2020
These things are illegal. file police reports and do your best to gather evidence. If you can get video or photos of these people they can be prosecuted and possibly go to prison.
There is no specification in the lease on this and we have done absolutely no damage to the property we actually increased the value of it by doing free work for the landlord
answered on Aug 13, 2020
Your situation is just complicated enough that there is no way to give you an effective answer without reading the lease. I recommend you take the lease to an attorney to see what your options are.
Can a 3rd person be quit claimed on the deed without person B? And then when the home is sold does the equity split three ways ?
answered on Aug 5, 2020
Having a mortgage does not equal ownership. As long as the terms of the mortgage are met, the mortgage holder will never be an owner. Only the owner, or a court, can give ownership to another party. Equity is divided equally between owners. This equal percentage can change if the deed specifies a... View More
answered on Jul 28, 2020
If you are refinancing your home, the bank is required by law to give you 3 business days to change your mind and cancel. So the bank doesn't allow the funding to be released for 3 business days. The bank rarely will send the funds early to the title company, but they will tell them not to... View More
answered on Jul 15, 2020
The answer to your question depends on your lease. Some say that after the lease ends, a new lease begins if neither party terminates the contract.
If you lease really ends, then if neither party terminates, many contracts continue on a month to month basis.
If they give you... View More
The HOA sent an invoice for years outside the statute of limitations that were never given to the heirs until after the owners death.
When the owners went to sell, the hoa put a cloud on the title to collect the full amount, even though most of it was outside of the Nevada Statute of... View More
answered on Jul 8, 2020
If the condo is in Nevada, then you will need an opinion from a Nevada attorney. Suing someone for interference with a contract is possible, but normally you have to prove exactly how much money you lost. If you sell the home to someone new, and get the same amount as was in the original contract,... View More
HOA FOr a condo put a cloud on title for past due hoa fees that were in dispute and outside of the statute of limitaitons.
THis caused a sale to fail. What remedies can we seek against the HOA owner?
answered on Jul 8, 2020
Quiet title, slander of title, and wrongful lien against real property are potential causes of action in a situation where an improper lien is placed on real property. Injunctive relief and money damages, along with attorney fees, may be recoverable with improper liens.
In slander of title... View More
mention of a permit. I looked for one with the city and county, but I am unable to find one. A home inspection found the basement outlets polarities reversed, so I assume the basement was finished DIY. What are the future implications of purchasing a home with a finished basement sans permit?
answered on Jun 25, 2020
That is hard to say. Your insurance may cover any issues, or they may have left it out of your insurance agreement. When you buy the home, it's hard to pursue the prior owner for less than professional work, as you did have the opportunity to inspect. The city or county where the home lies may... View More
I bought a house with two tenants, one is month to month and the other has a lease in place till next year.
I read about a buyout clause in the lease that doesn't specify who can use it. Is that an option?
I have other plans for the home in the short term. The house... View More
answered on Jun 8, 2020
The answers to your questions are in your contract. As I haven't read the contract, I can't give you any sure answers. I will say that most Buyout Clauses in leases are designed for the Tenant to buy the property, not the reverse. How to serve documents on a Tenant, like a clause allowing... View More
Sister lives on the property she has a manufactured home that she's renting out on the property also that I live in for five years and she made us leave she wanted more rent. I also have an older brother but my question is I've had things out in the shed out there and she's made me... View More
answered on May 18, 2020
There are many ways to deal with property owned by multiple people. Sometimes someone is allowed to stay on a property for free to care for it, thus protecting everyone's interest in the property. Other times one owner will live there as a tenant, and the other owners are landlords. In that... View More
We are supposed to close and fund on April 16th with the buyer using a FHA loan. We found out today that they changed to a USDA loan and could possibly delay funding past April 16th. I am paying for a moving company to move to Texas, closing on a new home on April 16th in Texas, and have to start a... View More
answered on Apr 4, 2020
This is obviously a very difficult situation. The short answer is look to your contract. Unless it specifically promises you will get the damages you are describing, you are not likely to get them.
Your relationship with the buyer is tightly controlled by the deadlines in your Real Estate... View More
I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... View More
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answered on Apr 2, 2020
This calls for a tenancy in common agreement. A good real estate attorney can help you with this.
My uncle who was the executor for my grandfather's estate will not provide a will . iam in the will stating me and my jids can live there in his house under we pay utilities and house taxes. My uncle changed the locks broke into my sons room went threw all of our stuff and threw a lot of mine... View More
answered on Mar 9, 2020
I am sorry for what you are going through. If you haven't seen the will how do you know you had a right to live in the house so long as you paid utilities?
This sounds like it would be very difficult to reverse what has happened as the house is now owned by someone else. If you are... View More
I want to sell there home no one has lived in in25 years!
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answered on Feb 26, 2020
Probate is the process that is used to retitle assets that are still in the name of a deceased person. In order to sell the home you will need to update the title so that it is in your name. A Utah probate attorney can help you with this process.
He filed eviction under a new company name I have never heard of and a copy of a lease that is not our original lease. Signatures are copy and pasted. He originally filed with "Property Management" for the business name but amended it to lease company name. After I questioned having no... View More
answered on Feb 24, 2020
If you can prove he copy and pasted the signatures, that is criminal and he could go to jail. Take the proof to the county attorney's office and make sure they know which attorney he is using. The attorney may be in trouble as well.
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