Legal Question in Real Estate Law in Utah

We bought our property in 2000 from the developer and built our home. We added a couple feet of dirt to our yard to level it. We sit about 4 feet higher than the neighboring property. In 2002, the neighbors bought their property and built their home in 2005 and then, in 2007 built a fence 4 inches over from property line leaving the fence, a 4 inch gap, and then the start of our property. They moved the fence over so they weren't responsible for the lateral support of our property. Our property is caving in. Since they bought the property as is, are not they responsible for the lateral support? Was not this the "natural state" when they bought their property?

Asked on 5/16/10, 5:24 am

Alvin Lundgren Alvin R. Lundgren, L.C.

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Your neighbor is not responsible for your property. If you do not want your property to "cave in", then built a retaining wall for it.

They have no obligation to provide lateral support.

Answered on 5/21/10, 8:32 am

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