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Do CC&Rs Expire?

Hi! My name is Greg George. I’m an attorney with Macomber Law. This video addresses the question, “Do CC&Rs Expire?” Do Covenants, Conditions, and Restrictions Expire? The short answer is “yes”—but only if they say so.  What do I mean:  only if they say so?  Let me explain. CC&Rs are usually, although not always, included in a larger set…

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What is a Seller Disclosure Form?

Hi! My name is Greg George. I’m an attorney with Macomber Law. This video addresses the question, “What is a seller disclosure form?” We will concentrate on the laws of Idaho in this video.  “What is a seller disclosure form?” A seller disclosure form is a document required by State law that discloses certain physical…

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Can I Sue my HOA

Can you sue your homeowner’s association? The short answer is most likely yes. After reading dozens of governing documents for homeowner’s associations, in my years of practice I have never seen a provision that bars a homeowner from suing their HOA.  However, that’s not to say that there may not be a set of governing…

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Recording a Deed in Washington State

by Arthur Macomber Spokane, Washington, May 20, 2019. In Washington State, all conveyances of real property or interests in real property must be by deed, signed and delivered to the grantee. The person owning the property, the grantor, must sign the deed. If the deed is to be recorded, then the deed needs to be…

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How Can Easements Be Terminated?

Easements are usually permanent unless terminated by one of the ways recognized under Washington law. For example, an easement can be terminated if the property owner benefiting from the easement signs a written document stating that the easement is terminated. Alternatively, an easement can be terminated if the owner of the land burdened by the…

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VIDEO: When Property is Sold, Do Easements Transfer to the New Owners?

Hi! My name is Greg George. I’m an attorney with Macomber Law. This video addresses the question, “When a property is sold, do easements transfer to the new owners?” The short answer is, it depends. Whether an easement transfers to new owners of the land depends on the type of easement.  Generally speaking, there are…

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What is an Easement?

By Greg George Spokane, Washington, February 1, 2019. The Washington Supreme Court has defined an “easement” as “a property right separate from ownership that allows the use of another’s land without compensation[1].” Generally speaking, the purpose of an easement is to provide access to and from a property that otherwise does not have access. For…

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What is Title?

By Greg George Spokane, Washington, January 7, 2019. “Title” to land can be defined as the different legal rights that come under what we usually describe as “ownership” of land. For example, “title” can include the right to possess land, the right to build on land, the right to exclude others from land, and the…

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Quiet Title Actions in Washington State

By Art Macomber Spokane, WA. December 28, 2018. In Washington State, there is a type of lawsuit called a quiet title action. A lawsuit to quiet title is sometimes necessary if the original description of the property was incorrect, or if there are multiple parties who claim ownership to the same parcel. Sometimes a mortgage…

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