Legal Question in Real Estate Law in Utah

I have a Tenant that is threatening to remove a Fence he erected on my property. When he moved into the home, his intentions were to purchase the home. He has now decided not to purchase it and has demanded I reimburse him for the fence he had installed. What legal standing, if any, does he have?


Asked on 6/07/11, 2:11 pm

1 Answer from Attorneys
Mel Larew

Things that become physically attached to the property, such as a fence with posts dug into the ground, become "fixtures" which belong to the owner of the property, which is to say that your tenant has no ownership interest in the fence once it has been installed, and which is to also say that the owner of the property, you, are the owner of the fence. All this is predicated on there being no agreement to the contrary.

From the information you have provided it appears that you have no obligation to reimburse your tenant. Your tenant installed the fence at his own risk and bears the risk of not purchasing the home and losing his investment in the fence. Your tenant has no claim against you.

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Answered on 6/07/11, 2:28 pm


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