Utah Complaint - Injunction for Constructing Fence that Impedes River Preventing Flow of Rafters
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FAQ
If you and your neighbor are on good terms and you both decide that you would like a fence to separate your properties, the cost should be split equally.In this case, the person building the fence should foot the whole bill unless the neighbor offers to help.
Title plans are one of the best ways to see which fence belongs to your property. Title plans may feature a 'T' mark showing many of your property's boundaries, and who is responsible for maintaining them. A T mark on one side of the boundary indicates that the person on that side is responsible for the fence.
If either of you have done any of these things, that person is technically responsible for the fence. However, without legal documents, neither party can legally be forced to do anything.It's worth noting that in this case, your neighbour is not legally obliged to pay any money towards purchasing a new fence.
Published. Dating back to Utah Territorial days, Utah has been a fence-in state. This means those who own or care for livestock have the primary responsibility to ensure livestock does not trespass onto another's property. Fence-out, on the other hand, largely pertains to open range lands.
A T mark on one side of the boundary indicates that the person on that side is responsible for the fence. If there's a T on both sides of the boundary, this is called a party boundary, which means both you and your neighbour are responsible for it.
Before installing the balance of their boundary fence, they are obligated to pay you one-half of the value of the fence along your shared property line.
Stay civil. Don't use this disagreement to vent months or years of anger at your neighbor. Hire a surveyor. Check your community's laws. Try to reach a neighbor-to-neighbor agreement. Use a mediator. Have your attorney send a letter. File a lawsuit.
You can drag encroachers to court under Section 442 of Indian Penal Code (IPC) and the Law of Trots upon encroachment and trespassing. It acts as a criminal offence. You can approach a court for an injunction order for stopping encroachers from making any encroachment or trespassing upon your property.
