Question 1

What types of real estate disputes does Stavros Law handle?

Accepted Answer

We handle a broad range of real estate litigation matters including quiet title actions, boundary disputes (boundary by agreement, boundary by acquiescence, and survey-based claims), adverse possession, purchase agreement disputes, earnest money disputes, easement and encroachment claims, real estate fraud and misrepresentation, and partition actions. We represent buyers, sellers, property owners, investors, and developers.

Question 2

What is a quiet title action?

Accepted Answer

A quiet title action is a lawsuit filed to establish clear, undisputed ownership of real property. It is used when there is a cloud on title — such as a competing ownership claim, a defective deed, an unresolved lien, or a boundary dispute — that prevents the owner from selling, financing, or fully using the property. The court's judgment in a quiet title action is recorded and binds all parties to the dispute.

Question 3

How long does real estate litigation take in Utah?

Accepted Answer

The timeline varies significantly depending on the complexity of the dispute and whether the case settles or goes to trial. Straightforward quiet title actions may resolve in 6 to 12 months. Contested boundary disputes or purchase agreement litigation can take 12 to 24 months or longer if the case proceeds to trial. We work efficiently to resolve disputes as quickly as possible while protecting your interests.

Question 4

Can I get specific performance in a real estate dispute?

Accepted Answer

Yes. Because real property is considered unique, courts will often order specific performance — requiring a party to complete a real estate transaction — when a buyer or seller wrongfully refuses to close. Specific performance is one of the most powerful remedies in real estate litigation and is frequently sought in purchase agreement disputes.

Question 5

What is the statute of limitations for real estate claims in Utah?

Accepted Answer

The limitations period depends on the type of claim. Breach of a written real estate contract is generally six years. Fraud claims are three years from discovery. Adverse possession requires seven years of continuous possession. Quiet title actions have varying deadlines depending on the nature of the competing claim. It is important to consult an attorney promptly to preserve your rights.

Question 6

What is boundary by acquiescence in Utah?

Accepted Answer

Boundary by acquiescence is a Utah doctrine that fixes a property boundary based on the long-term mutual recognition and acceptance of a line by neighboring landowners, even if that line differs from the surveyed boundary. Utah courts have recognized this doctrine for over a century. To establish boundary by acquiescence, you must show that both parties treated the disputed line as the boundary for a substantial period of time.

Question 7

What is adverse possession in Utah?

Accepted Answer

Adverse possession allows a person who has openly, notoriously, continuously, and exclusively possessed another's land under a claim of right for at least seven years to acquire legal title to that land. Utah Code § 78B-2-208 governs adverse possession claims. The possessor must also have paid property taxes on the disputed land during the statutory period in most circumstances.

Question 8

Do I need a real estate attorney or a litigator for my property dispute?

Accepted Answer

For contested real estate disputes that may go to court, you need a litigator — an attorney with trial experience who can take your case through discovery, motions, and trial if necessary. Stavros Law P.C. is a litigation firm with deep experience in real estate disputes. We are prepared to take your case to trial while also pursuing efficient resolution through negotiation and mediation when appropriate.

Real Estate Litigation Lawyer Utah

Utah Real Estate Litigation Attorneys

Real Estate Disputes We Handle

Quiet Title Actions

Boundary Disputes

Adverse Possession

Purchase Agreement Disputes

Easement & Encroachment Claims

Real Estate Fraud & Misrepresentation

Frequently Asked Questions

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