Squatters and vacant property in Utah: what the law says

“(4)(a) After law enforcement serves the notice to immediately vacate, the property owner or authorized agent may request that law enforcement stand by to keep the peace while the property owner or authorized agent of the property owner changes the locks and removes the personal property of the trespasser from the real property to or near the property line. (b) Law enforcement is not liable to the trespasser or any other party for loss, destruction, or damage of property. (c) The property owner and authorized agent are not liable to the trespasser or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.”

“(5)(a) An individual may bring a civil cause of action for wrongful removal under this section. (b)(i) An individual harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees. (ii) The court shall expedite the trial and any hearing in an action described in this Subsection (5).”

“It is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process, provided, an owner or his agent shall not be prevented from removing the contents of the leased premises under Subsection 78B-6-816(2) and retaking the premises and attempting to rent them at a fair rental value when the tenant has abandoned the premises.”

“(2) An actor commits criminal trespass if, under circumstances not amounting to burglary … (b) knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by: (i) personal communication to the actor by the owner or someone with apparent authority to act for the owner; (ii) fencing or other enclosure obviously designed to exclude intruders; or (iii) posting of signs reasonably likely to come to the attention of intruders;”

“(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a), (b), or (d) is a class B misdemeanor. (b) The following is a class A misdemeanor: (i) if a violation of Subsection (2)(a) or (b) is committed in a dwelling;”

“"Dwelling" means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present.”

“A peace officer may make an arrest under authority of a warrant or may, without warrant, arrest a person: (1)(a) for any public offense committed or attempted in the presence of any peace officer; … (2) when the peace officer has reasonable cause to believe a felony or a class A misdemeanor has been committed and has reasonable cause to believe that the person arrested has committed it; (3) when the peace officer has reasonable cause to believe the person has committed a public offense, and there is reasonable cause for believing the person may: (a) flee or conceal himself to avoid arrest; (b) destroy or conceal evidence of the commission of the offense; or (c) injure another person or damage property belonging to another person;”

“(3)(e) If appropriate, law enforcement may arrest any trespasser found on the real property for trespass, outstanding warrants, or any other legal cause. … (6) This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest a trespasser for trespassing, vandalism, theft, or other crimes.”

“(2) An actor commits criminal trespass if, under circumstances not amounting to burglary … (b) knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by: (i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;”

“1. ...... I am the owner of the real property or the authorized agent of the owner of the real property. 2. ...... I have attached evidence that I am the record owner of the real property, or the authorized agent of the owner. … 6. ...... The trespasser is not a current or former tenant according to any valid lease authorized by the property owner for the real property, and any lease that may be produced by an occupant is fraudulent. … 12. ...... A copy of my valid government-issued identification is attached, or I am an agent of the property owner and documents evidencing my authority to act on the property owner's behalf are attached.”

“(3)(a) Upon receipt of the complaint and evidence of ownership, and the owner or authorized agent appears entitled to the relief described in this section, law enforcement shall, without delay, instruct the trespasser or serve a notice to immediately vacate on any trespasser and shall put the owner or authorized agent in possession of the real property. (b) If verified, law enforcement shall, without delay, serve a notice to immediately vacate on any trespasser and shall put the owner in possession of the real property. … (d) Law enforcement shall attempt to verify the identity of any trespasser occupying the real property and note the identities on the return of service.”

“(1) An owner of real property, or the property owner's authorized agent, may request that law enforcement of the appropriate jurisdiction in which the real property is located, immediately remove a trespasser occupying the real property if the property owner, or an authorized agent of the property owner, attests that: (a) the trespasser has unlawfully entered and remains on the real property; (b) the real property was not open to members of the public at the time the trespasser entered; (c) the property owner has directed the trespasser to leave the real property; (d) the trespasser is not a current or former tenant of the real property under a written rental agreement authorized by the property owner; (e) the trespasser is not an immediate family member of the property owner; and (f) there is no pending litigation related to the real property between the property owner and the trespasser.”

“(1) On the trial of any proceeding for any forcible entry or forcible detainer the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was in actual peaceable possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. (2) In defense, the defendant may show that the defendant or the defendant's ancestors, or those whose interest in the premises is claimed, had been in the quiet possession of the property for the space of one entire year continuously before the commencement of the proceedings, and that his interest is not ended or determined, and that this showing is a bar to the proceedings.”

“No person other than the tenant of the premises, a lease signer, and subtenant if there is one in the actual occupation of the premises when the action is commenced, may be made a party defendant in the proceeding, except as provided in Section 78B-6a-303.”

“(2) An order of restitution shall: (a) direct the defendant to vacate the premises, remove the defendant's personal property, and restore possession of the premises to the plaintiff, or be forcibly removed by a sheriff or constable; (b) advise the defendant that the defendant has three calendar days after service of the order to vacate the premises … (4)(a) If the defendant fails to comply with the order within the time prescribed by the court, a sheriff or constable at the plaintiff's direction may enter the premises by force using the least destructive means possible to remove the defendant.”

“Upon receipt of the complaint and evidence of ownership, and the owner or authorized agent appears entitled to the relief described in this section, law enforcement shall, without delay, instruct the trespasser or serve a notice to immediately vacate on any trespasser and shall put the owner or authorized agent in possession of the real property.”

“(1) In an action under this chapter in which the tenant remains in possession of the property: (a) the court shall expedite the proceedings, including the resolution of motions and trial; (b) the court shall begin the trial within 60 days after the day on which the complaint is served, unless the parties agree otherwise; … (2)(a) In an action for unlawful detainer, the court shall hold an evidentiary hearing, upon request of either party, within 10 business days after the day on which the defendant files an answer or response. (b) At the evidentiary hearing held in accordance with Subsection (2)(a): (i) the court shall determine who has the right of occupancy during the litigation's pendency;”

“(3) The court shall enter the judgment against the defendant for the rent and for three times the amount of the damages assessed under Subsections (2)(a) through (2)(e). … (5) In an action under this chapter, the court: (a) shall award costs and reasonable attorney fees to the prevailing party;”

“(2)(a) To request the immediate removal of a trespasser on the real property, the property owner or property owner's authorized agent shall submit a complaint by presenting a completed and verified Complaint to Remove Trespassers Unlawfully Occupying Real Property to law enforcement of the appropriate jurisdiction in which the real property is located. … (3)(a) Upon receipt of the complaint and evidence of ownership, and the owner or authorized agent appears entitled to the relief described in this section, law enforcement shall, without delay, instruct the trespasser or serve a notice to immediately vacate on any trespasser and shall put the owner or authorized agent in possession of the real property. … (c) Law enforcement may serve the trespasser by hand delivery of the notice or by posting the notice on the real property.”

“I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN UTAH CODE, SECTION 76-8-502.”

“Adverse possession may not be established unless it is shown that the land has been occupied and claimed continuously for seven years, and that the party and the party's predecessors and grantors have paid all taxes which have been levied and assessed upon the land according to law.”

“(1) In an action for the recovery of real property, it is presumed that: (a) the person establishing legal title to the property has been in possession of the property; and (b) any occupation of the property has been under and in subordination to the legal title. (2) Subsection (1) may be rebutted by a showing that the property has been held and possessed adversely to the legal title for at least seven years before commencement of the action.”

“For the purpose of constituting an adverse possession by any person claiming a title based upon a written instrument or a judgment or decree, the property is considered to have been possessed if: (1) it has been usually cultivated or improved; (2) it has been protected by a substantial enclosure; (3) although not enclosed, it has been used for the supply of fuel, fencing timber, for the purpose of husbandry, or for pasturage or for the ordinary use of the occupant;”