Legal Question in Real Estate Law in Utah

who is liable

the homeowner behind me have in past years built a swimming pool. when they did they elevated their property up about a 1 foot to 2 foot. it is now pushing on my fence which is cmaking it fall over. previous owner of my house did nothing about it. the pool owners claim that we should go in on halves of building a proper retaing wall. i dont feel like that is my job to do. my fence was there first. who has the right??? help


Asked on 3/28/05, 9:21 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: who is liable

Generally a person is responsible for his own property. If a person's property causes damage to a neighbor's property, the person is held responsible for the repairs. There are not enough details in your question, but if your neighbor's pool is damaging your fence, he should repair the problem. In most areas a pool owner is required to keep his pool fenced in. You might tell the neighbor that you are going to remove your fence because he damaged it. He will then be responsible to replace the fence so he can keep the pool fenced in. Make sure there are no previous agreements about the existing fence.

Read more
Answered on 3/28/05, 10:09 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Utah