Establishing Property Ownership Rights in Property in Utah, Part 2

Sunrise over Willow Pond Park, Murray Utah

Property disputes are common. Unraveling a property dispute, however, can take some fancy footwork and legal wrangling. You have questions, so let me give you a few answers. There are a number of legal avenues to assert rights to property including ownership rights, possession rights, and use rights. I previously wrote about the ownership right established by adverse possession. I will leave possession and use rights for another time. For this article, I will focus on the second of the following three ownership rights: (1) boundary by acquiescence, (2) boundary by agreement, and (3) boundary by estoppel. Any one of these three can establish rights of ownership. The first of the three articles can be found here. Continue reading “Establishing Property Ownership Rights in Property in Utah, Part 2”

Interesting- Utah Supreme Court Affirms Disbarment of Attorney for Violations of Professional Conduct

The Utah Supreme Court upheld the disbarment of attorney Susan Rose for conduct in violation of the Utah Rules of Professional Conduct. It’s a reminder to attorneys and the clients who hire them that there are limits to the judicial process and how cases are conducted in court. Continue reading “Interesting- Utah Supreme Court Affirms Disbarment of Attorney for Violations of Professional Conduct”

Establishing Property Ownership Rights in Property in Utah, Part 1

Fences make good neighbors?

Part 1 of 3: Fences Make Good Neighbors.

Property disputes are common. Unraveling a property dispute, however, can take some fancy footwork and legal wrangling. You have questions, so let me give you a few answers. There are a number of legal avenues to assert rights to property including ownership rights, possession rights, and use rights. I previously wrote about the ownership right established by adverse possession. I will leave possession and use rights for another time. For this article, I will focus on the first of the following three ownership rights: (1) boundary by acquiescence, (2) boundary by agreement, and (3) boundary by estoppel. Any one of these three can establish rights of ownership. Continue reading “Establishing Property Ownership Rights in Property in Utah, Part 1”

Utah Accountants Remain Well-Protected After Recent Utah Court of Appeals Ruling

The Atlantic Coast in January.

If you are an accountant in Utah, you know that you have a friend in the Utah statutes, specifically Utah Code section 58-26a-602 (the Accountant Liability Statute). Your protection is that you only owe fiduciary duties to your client and not to others. The Utah Court of Appeals recently reiterated the strength of this protection in Reperex, Inc. v. Child, Van Wagoner & Bradshaw. I will outline the case, the accountant’s protections, and what accountants need to watch out for and, for persons attempting to rely on the accountant, how they can make the accountant accountable to them. Here we go. Continue reading “Utah Accountants Remain Well-Protected After Recent Utah Court of Appeals Ruling”

The Utah Supreme Court Again Requires Reasonable Conduct Under the Circumstances

Mountain biking in St. George, Utah

The Utah Supreme Court ruled against a debtor who asserted a novel defense to repayment of a $250,000 loan in default. The case is Crapo v. Zions Bank. The debtor claimed that once the bank sent him a Form 1099-C discharging his debt, the bank could no longer attempt to collect the bad debt from him. Failure to act reasonably by the debtor, however, ultimately barred the debtor’s defense. And, while the debtor’s defense appeared a bit stronger on its face than it actually was, you can see in details are below it appeared he was gaming the system by not getting more information before purportedly relying on the bank’s conduct. Continue reading “The Utah Supreme Court Again Requires Reasonable Conduct Under the Circumstances”