Category Archives: Uncategorized

How to Hire a Business Lawyer – First Question to Ask a Business Attorney

https://www.youtube.com/watch?v=y3g2NR3XI2k

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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

For legal assistance regarding Utah County Land Use Ordinances, contact Jeremy Eveland. We handle Utah County Land Use Ordinances cases and provide guidance on Utah County Land Use Ordinances for clients.

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Contact Jeremy Eveland today for a consultation about Utah County Land Use Ordinances.

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.

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Contact Jeremy Eveland today for a consultation about Utah Surface Owner Protection Act.

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

For legal assistance regarding Utah Salt Lake Real Estate, contact Jeremy Eveland. We handle Utah Salt Lake Real Estate cases and provide guidance on Utah Salt Lake Real Estate for clients.

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Contact Jeremy Eveland today for a consultation about Utah Salt Lake Real Estate.

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, arial 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.

Jeremy Eveland
17 North State Street
Lindon Utah 84042
(801) 613-1472

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For legal assistance regarding Boundary Dispute Resolution, contact Jeremy Eveland. We handle Boundary Dispute Resolution cases and provide guidance on Boundary Dispute Resolution for clients.

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Jared Pearson Facebook

Question has come in:

Why don’t you post more on facebook?

Jared Perason’s facebook activity has been low because he has been diligently working on his client’s cases.

He has also spent his free time with family, going camping with the family and planning a trip to Alaska!

Client’s work is #1 between 8am and 5pm.

Facebook posts will come, in time.

Best!

Jeremy Eveland
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Fax:(801) 676-5508

Jeremy Eveland

Rated 4.9/5 based on 914 reviews

For legal assistance regarding Jared Pearson Facebook, contact Jeremy Eveland. We handle Jared Pearson Facebook cases and provide guidance on Jared Pearson Facebook for clients.

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Contact Jeremy Eveland today for a consultation about Jared Pearson Facebook.

Jeremy Eveland Facebook

Question has come in:

Why don’t you post more on facebook?

Jeremy Eveland’s facebook activity has been low because he has been diligently working on his client’s cases.

He has also spent his free time with family, taking his son to soccer practice and helping his kids with homework. Sometimes, life becomes very busy and there just isn’t enough time to get it all done.

Client’s work is #1 between 8am and 5pm.

Facebook posts will come, in time.

Best!

Jeremy Eveland
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Fax:(801) 676-5508

Jeremy Eveland

Rated 4.9/5 based on 914 reviews

For legal assistance regarding Jeremy Eveland Facebook, contact Jeremy Eveland. We handle Jeremy Eveland Facebook cases and provide guidance on Jeremy Eveland Facebook for clients.

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Contact Jeremy Eveland today for a consultation about Jeremy Eveland Facebook.

Jeremy Eveland Email

A lot of people have been asking for our email address.

Jeremy’s email is

office at evelandlawfirm.com

Now, of course this email does not go to Jeremy Eveland directly. He could never process all of the emails that come to him – so he uses the assistance of staff to help.

If you need to email Jeremy Eveland, just send it to that email address and it’ll get to him if it’s not SPAM.

For legal assistance regarding Jeremy Eveland Email, contact Jeremy Eveland. We handle Jeremy Eveland Email cases and provide guidance on Jeremy Eveland Email for clients.

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Contact Jeremy Eveland today for a consultation about Jeremy Eveland Email.

Jared Pearson Email

A lot of people have been asking for email addresses –

Jared Pearson’s email address is:

jared at evelandlawfirm.com

Attorney Jeremy Eveland | Jared Pearson wins Alimony for client!

It took several months of work, preparation, time, and skill, but West Jordan Attorney Jared Pearson, along with Jeremy Eveland and the staff of Eveland & Associates were able to win an alimony award for their client.

“In most cases” said lawyer Jared Pearson, “you have to win on paper first and then win in the courtroom… that’s what we did in this case.”

Congratulations to Mr. Pearson and the Eveland Law Firm team on their win!

If you need to win an alimony award, call 801-676-5506 and speak with either attorney Jeremy Eveland or Jared Pearson today.