Salt Lake City Property Litigation
Property Tort Litigators Protecting Your Property Rights
The lawyers at Christensen Law have 30 years of combined experience in torts, litigation, and appeals, and they have protected clients’ property rights and fought tenaciously for the compensation property owners deserve in the case of property damage. If a person or corporation has intentionally or negligently damaged your property, you may have recourse under Utah’s tort laws. Our property tort lawyers can assist you in collecting compensation from the party who caused harm to your property because of:
- defamation of title;
- view obstruction;
- covenants, conditions, and restrictions (CC&R) violations;
- Utah nuisance laws.
Note that Utah nuisance laws permit you to seek compensation in cases involving drug dealers, gambling, criminal activity, gangs, party houses, prostitution, tobacco smoke, agricultural operation, and manufacturing facility. The legal team at Christensen Law will aggressively pursue damages to compensate you for reduced real estate values and the limitations on the use of your own property, and they may also seek an order to abate the action that caused you harm.
Property Damage Lawsuit
If an individual has had their property damaged due to another person’s careless or intentional action, they can file a civil lawsuit to potentially recover compensation for the damages. Note that the statute of limitations for filing a claim for damage to real property (e.g., house, physical land) or personal property (e.g., vehicle) is:
- 3 years for waste, trespass upon, or injury to real property; or
- 3 years for taking, detaining, or injuring personal property.
In other words, damage to a vehicle or homeowner must be brought within 3 years in Utah. The clock typically starts running from the day of the incident that led to the damage, though to push the filing deadline back, a property owner could argue that the damage could not reasonably have been discovered right away.
In certain situations, special rules may apply. For example, if at the time the property damage occurred the property owner was under the “age of majority" (18 years old in Utah) or "mentally incompetent," the statute of limitations "clock" won't start counting until the property owner turns 18 or is declared competent. Another potential exception to a strict application of the statute of limitations could be if the defendant who allegedly caused the property damage departs from the state before a lawsuit can be filed against them, in which case the period of absence may not be counted as part of the time limit for filing suit. An experienced property lawyer can better help navigate the statute of limitations and file a property damage claim as soon as possible to recover the compensation the property owner deserves.
Trespass in Utah
It is also illegal to trespass on private property in Utah. The state’s trespass codes protect property owners and their land from intrusion. There are a variety of laws an individual can utilize to take legal action. For one, the law allows an owner, primary occupant, or someone with apparent authority to act for the primary occupant of a residence to remove a guest who has overstayed their welcome without going through a court process if certain requirements are met.
Note that different regulations apply to residential, rural, and agricultural land, as well as to stream access property subject to the Recreational Use of Public Water on Private Property legislation. Christensen Law can walk you through the legal codes to ensure your property is protected from harm and assist you in recovering from trespassers.
Questions? Call (801) 890-5109 for Legal Assistance.
If your property has been damaged negligently or intentionally, you have the right to take legal action to obtain compensation for damages. Depending on the nature of the property damage, you could file a personal injury lawsuit for the property or pursue another legal course, such as claiming illegal trespassing. The legal team at Christensen Law has significant experience in a variety of property litigation, and you can trust that your case will be in good hands as we fight tenaciously for your damages.