There is a newer version
of
this Section
2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 12 - Partition
Section 1245 - Lien for costs and expenses advanced by one for benefit of all.
Universal Citation: UT Code § 78B-6-1245 (2021)
78B-6-1245. Lien for costs and expenses advanced by one for benefit of all.
Renumbered and Amended by Chapter 3, 2008 General Session
- (1) The court shall allow expenses incurred, including attorney fees, in prosecuting or defending other actions or proceedings by any one of the tenants in common for the protection, confirmation or perfecting of the title, or setting the boundaries, or making a survey or surveys of the estate partitioned to be recovered by the party incurring the expenses.
- (2) The court shall determine the amounts with interest from the date the expenditures occurred.
- (3) The costs shall be:
- (a) pleaded and allowed by the court;
- (b) included in the final judgment;
- (c) a lien upon the share of each tenant, in proportion to the tenant's interest; and
- (d) enforced in the same manner as taxable costs of partition are taxed and collected.
Renumbered and Amended by Chapter 3, 2008 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
