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Category: Policy

Risks Involved with Resisting Condemnation

  Your main risk in resisting condemnation of your property is that your final monetary judgment may be less than the initial offer. Another risk is that you will end up paying attorney and court fees. Resisting Condemnation There are three ways…

Utah Land

What is a Right of Way Easement?

A right of way easement dates back to common law principles of the right to the free flow of water, and for allowing neighboring landowners the ability to travel over another’s property. A right of way is a type of…

Utah Land

Ten Things to Know About 1031 Exchanges

  Tax nerds may be able to spout off Internal Revenue Code Sections, but most people never get beyond 401(k). (That’s right, your workplace retirement savings plan is named after a section of the tax code.) Still, “Section 1031″ is…

Utah Land

Riparian Ownership Laws

What Is Riparian Ownership? Riparian laws determine who may possess or use water as it flows or touches various properties. In the United States, riparian laws are generally followed in the eastern states. The states on the West Coast follow…

Utah LAND

Conservation Easements

A conservation easement (a type of express easement) is created by a voluntary legal agreement between a landowner and another party — usually the government — which restricts the development of a piece of land. Under certain specific conditions, conservation…

Utah Land

Preservation Easements

Similar to conservation easements, preservation easements protect against undesirable development or indirect deterioration. Preservation easements may provide the most effective legal tool for the protection of privately owned historic properties. Such easements are usually expressly-created and incorporated into formal preservation…

Utah Land

Express and Implied Easements

A key question in the law of easements is whether the right to use the land (the easement itself) is express or implied. As is explained in more detail below, the main difference between the two is that an express…

Utah Land

The ins and outs of adverse possession

Trespassing, the act of entering someone’s private property without permission, is illegal. But when a trespasser continues trespassing for an extended period of time, the law may give the trespasser the right to stay on (or pass through) the land….

Utah Land

In Praise of the Great American Main Street

We read this article published by Huffington Post, and written by Kaid Benfield discussing main streets in America. It is becoming more and more popular to create “main streets” within master planned communities and for cities to revive or create a…