Tract of land was not conveyed when selling land surrounding this particular piece. I want to purchase this but said owner does not legally own it on paper.
You don't. You can't file an action because a contract to purchase the property does not give you standing. Instead, you must either get the "owner" to file the action or perhaps the "owner" could sell you her interest in the property and then you could file a lawsuit as an assignee of that interest.
In the end, you will only prevail if the "owner" has a strong argument for ownership. In Utah, the default is that property is owned by the person on the County Records. To overcome that, you need good evidence supporting your legal theory as to why the County Records are wrong. From your description, your best legal theory may be reformation of the deed due to mutual mistake.
I live in Hawaii, I have my own business, my husband is retired. I want to invest buying a house in Utah to sell it later and make some extra money, but I don't want to involve my husband (it means without his signature), we are married without ...
Utah's constitution states that men and women, even if married, can own their separate property. So the answer is yes, a woman can own her home independently of her husband. That being said, there are some complications that arise. If a husband and wife file for divorce, Utah courts are authorized, under some circumstances. to take the separate property of a spouse and divide it between them. Another common limitations is that if a spouse owns property separately and the other spouse incurs a family debt (such as medical care) the creditor can get a judgment against both spouses and seize the separate property of both spouses to satisfy the judgment.
So the answer is yes, a wife may own separate property, but doing so isn't equivalent to a post-nuptial agreement nor an asset protection plan.
I am out of town on a work trip my rent was brought current before the day it was due. I packed my stuff into a storage unit to keep my personal stuff safe. Before I left a manager was aware of my work trip. 2 days later I recieve an email stating...
No, you can't be evicted if your rent is current, you are not at the end of your lease and you have not violated the lease. What I don't understand is why your landlord would sue you. I can only guess but the first thing that comes to my mind is that you are a commercial tenant and your lease requires you to stay in business. In that case, you might violate the lease by shutting down the business. Sounds like you ought to take a copy of the email to an attorney and get to the bottom of this. If you wait, it will likely get worse.See question
We live in Utah and will run our yoga studio business from a location in the same city that we live in, we will not be hiring any employees at this time and we will both handle and manage the day to day business operations. is a 2 member L.L.C. t...
No, you won't have to change anything after you are married. A lot of married couples own LLCs 50/50. If you are ready to open your doors, you may as well get it set up correctly now. The more difficult question is how do you set it up. You have some choices: (1) Partnership (this is a bad choice), (2) Limited Partnership (this is old school and not used much anymore by those who practice this type of law), (3) LLC (this is a great choice, and (4) Corporation (this is a great choice). As you can see, your best option is an LLC or Corporation. The differences between the two are very subtle and too difficult to explain in this arena. Once you have decided to do an LLC or a Corporation, you need to decide if you want to be taxed as an S-Corp. Chances are very high that you do but I can't say for sure without knowing more about your tax situation. Your accountant will likely have a strong opinion on this issue.See question
I was hit on the freeway this morning. After regaining control of my car I turned on the hazards and started to slow down. The car that hit me turned off his headlights and sped away. I called 911 and was on the phone with the dispatch while I cha...
You cannot force the police to file criminal charges against him.
It sounds as if your car was damaged. You can make a claim against him for damage to your vehicle. Normally, this is handled by insurance companies and so you probably won't need an attorney for this.
If you received personal injuries in the crash, you are entitled to get medical treatment for those injuries. Your own PIP coverage will pay for the first $3,000 (unless you have more coverage) in medical expenses. If you don't end up with more than $3,000 in medical expenses, you have no claim against the other driver. If you have $3,000 or more in medical expenses, you will reach threshold. Your case will be turned from a no fault case to a liability case and you will be allowed to make a claim against the other driver for medical expenses, lost income and pain and suffering. You will need an attorney to make that type of claim.
Bought the house last year. Found out that there's a pipe running through the back yard, resulting in a 20 foot easement directly through middle of yard (which means we can't install a pool or an additional garage, probably can't plant trees ther...
To give a good answer I'd need more information. Here is what I suggest:
1) Do some additional investigation to discovery whether the easement for the pipe is valid. Specifically, I'd want to know how long it has been there, whether the party who put it there had a right to do so, etc.
2) Evaluate your potential claims: A) Fight the easement and remove the pipe, B) Make a claim against the title company, and C) make a claim against the seller.
Ultimately, this is not an easy thing for you to do on your own. You will need to hire a real estate attorney.See question
I was told by a member of the Davis county board of realtors that prospective home buyers must have a contract with a realtor. True or false? Where can I find this code on the internet?
No, you don't have to be represented by an agent. However, if the seller is represented by an agent, it won't cost you anything to get your own agent. If you choose not to get your own agent, the seller's agent will just collect more commission (won't be forced to split).
If the seller has no agent, you are not required by law to have an agent. It may be cheaper to hire an attorney to look over your paperwork than it is to hire an agent.See question
She needed a rod put in her leg. medical bills are all ready at 70.000 dollars and going up. But from what i have been told is his insurance coverage is only 25.000 pay out. I Guess that's the minimum coverage for utah drivers.So dose that mean I ...
If you have health insurance you definitely need to apply for that coverage. If not you may want to explore medicaid. After that you have the bodily injury policy and then the under insured policy.See question
She was in the crosswalk and he failed to yield.
Yes. In an auto pedestrian accident in Utah, the vehicle's PIP coverage is liable for all medical bills up to the policy limits (minimum under State law is $3,000) and for lost income (up to $250 per week for 52 weeks). After that, the negligent party is liable for all medical bills, lost income and pain and suffering so long as threshold is met. Threshold can be met in several ways, but most people reach it by incurring more than $3,000 in medical bills.
The fact that your child was hit in a cross walk makes it likely that the driver was at fault. To be sure, a lawyer would have to look at the police report.
In Utah, children under 14 are presumed not to be capable of negligence, however, the facts may show that the child is capable of legal negligence. Children under 7 are incapable of negligence.
For these reasons, your child almost certainly has a good negligence claim, in addition to the PIP claim.See question
I worked for a co. for 5 yrs and was accused of engaging in offensive behavior towards a co-worker(bullying). The director of sales made this false allegation towards me and fired me without any investigation while I wasn't made aware of the incid...
Some states give employers immunity for defamatory statements made to people inside the organization for the purpose of evaluating or otherwise managing the employee. Similarly, some States give people immunity for defamatory statements made during court proceedings. If this is the case in your State, you may not have any claim. You'll want to consult with a defamation attorney in the State where the statements were made. The attorney will ask you who said what, when it was said and who heard it. Only after getting all of those details, can an attorney really evaluate your case.See question