Legal Question in Construction Law in Utah

My Neighbor has built up his backyard 5 feet to look over my fence. He has backfilled it into my fence which is now falling. I am on 4.5 acres and he is in a subdivision. I have animals that can potentially escape my property if my fence falls. What are my rights to privacy and damages?

Asked on 5/17/21, 1:05 pm

1 Answer from Attorneys

Randy B. Birch Attorney at Law

Depends upon local code, but generally the person who changes the natural lay of the land will be liable for any damages caused as a result. I believe that would include "backfilling into your fence" and causing it to fall.

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Answered on 5/17/21, 1:16 pm

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