Legal Question in Real Estate Law in Utah

personal dwelling devalued because of commercial site

Because of divorce, house was put on the market. After listing, commercial building began across the street. House was originally listed below apprasial, repeatedly lowered in price, eventually sold at amount owed, to investor to evade foreclosure. Facts: # of people interested in home dropped drastically, commercial property is directly across the street, view from front and side of home (corner lot)is of a 20 foot high brick wall (commercial property is elevated), similar problems with other homes on street, potential buyers all stated they could or would not buy because of commercial property. Is there anything that can be done to obtain financial compensation for devaluation of this home?


Asked on 6/11/01, 7:44 am

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

Re: personal dwelling devalued because of commercial site

Probably not. There is no one to sue. The developer of the commercial property is not at fault, since he apparently acted within the law to rezone his property. The government is immune from suit. You perhaps should have rezoned your property and sold it for its commercial potential.

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Answered on 6/29/01, 12:57 pm


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