Monthly Archives: June 2015

Utah County Land Use Ordinances, Utah Real Estate Law

Several Counties in the State of Utah have Land Use Ordinances.

Uintah County does for sure.

So does Duchesne County and Carbon County.

Consider the Utah Oil and Gas Conservation Act:

“It is declared to be in the public interest to … provide exclusive state authority over oil and gas exploration and development as regulated…”

If you have a question about the Utah Oil and Gas Conservation Act, speak with a licensed Utah attorney 801-676-5506

Utah Surface Owner Protection Act, Real Estate Law

In 2012, the Utah State Legislature Utah Surface Owner Protection Act was codified.

The Flying Diamond case was made law.

Reasonable efforts to enter into Surface Use Agreement before drilling.

It also provides that surface rights allows copesnation fo unreasonable loss of a surface land owner’s crops and permanent damage to surace land.

Who owns the vast majority of minerals in the USA?  The federal government of course.

This act does NOT apply to the federal government…. interesting isn’t it?

If you have questions about your surface or mineral property rights in Utah, call 801-676-5506 for your free initial consulation.

Unsettled Real Property Law in Utah, Salt Lake Real Estate Law Has No Bright Line…

There are no bright lines in real estate law.

Facts matter.

The actual events that have happened in your case matter.

Do you know that someone is encroaching upon your land?

Do you have a trespass claim?

Are you an absentee owner?

Can you benefit from being ignorant?

Recent Utah Supreme Court Case suggests that you ought to be directly involved in your property, because your failure to see it and know what’s going on, you can be in trouble for your failure to know specifically what’s going on.

Let me explain.

Here is language from a 2006 ruling from the Utah Court of Appeals:

Acquiescence requires more than just some identifiable line. The mere fact that a fence happens to be put up and neither party does anything about it for a long period of time will not establish it as the true boundary.  You have to actually show that the parties intended to treat it as the boundary line.

Brown v. Jorgensen, 2006 UT App 168

So, the holding includes the language that you need more than an old fence or line in place.

Now, check out the Utah Court of Appeal’s decision in 2014:

Silence is not a defense.

The dispute was about a fence originally placed in 1930.  Anderson purchased the parcel in 1968.  In 2004, Anderson had his fence surveyed and found that the property line was different by over 120 feet.  Anderson filed a quiet title action against his neighbor the Fautins.  Anderson said that he never acquiescenced because he was an absentee owner.  The Court ruled that  all that was necessary was reasonable party was on notice that the line was treated as the boundary.  Mr. Anderson’s failure to do anything was sufficient.

Anderson v. Fautin, 2014 UT App 141.

So…

before you make a real estate claim, you ought to speak with a real estate attorney.

Contact a qualified lawyer at the law firm of Eveland & Associates, PLLC 801-676-5506

Boundary Dispute Resolution – a big issue in Utah

There are essentially 4 elements that must be proven in court to prove a case of boundary by acquiescence. One of the main issues in a boundary by acquiescence is a mutual recognition by adjoining land owners that a boundary between the properties has existed there for the 20 year period.

Oftentimes, we see a dispute as to the length of the time of a boundary (usually a fence). The “boundary” is usually

We need photographs from county records, ariel photos usually work where you can see the fence. Photographs are always great evidence.

In Utah, you can get some photographs back as far as 1936 through some records. Google Earth allows you to go back and get previous images (if available) —

Here is the link to that: https://support.google.com/earth/answer/148094?hl=en

In Cottonwood Heights, if you are in a side lot, some of the side fences have been there for so long, the wood is old that that must be the line. This is not always the case.

If you can find the witnesses to the building of the fence. If a kid remembers building the fence and has pictures of the kids by the fence that are now adults, if you can track those kids down (that are now adults) — you can often times have them testify in the case as to the length of time the fence has been there.