Advocate Article: Drafting Key Provisions of a Shared Well Agreement

By: Arthur B. Macomber, Managing Attorney, Macomber Law PLLC Author Bio: For over a decade, Macomber Law, PLLC has focused on real property, land use, water and construction law. Prior to attending the University of California Hastings College of the Law, Mr. Macomber enjoyed 25 years in business, real estate and construction. Mr. Macomber’s undergraduate…

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Protecting your property from trespassers

By Art Macomber, Managing Attorney October 9, 2017. People who own larger acreages should be concerned about trespassers and squatters. In Idaho, even if your property is fenced, care should be taken to give notice to hunters, fisherman, and hikers when they are crossing onto your property. Landowners have to post No Trespassing signs every…

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Can I Have a Green Mailbox? Issues with Covenants, Conditions, and Restrictions on Uses of Land

By Greg George, Attorney Coeur d’Alene, Idaho, October 3, 2017. If you own residential or commercial land, you’ve probably seen Covenants, Conditions, and Restrictions (“CC&Rs”). Many landowners encounter CC&Rs when they purchase a home in a planned neighborhood overseen by a homeowner’s association (“HOA”). There are hundreds of HOAs in Kootenai County alone. Therefore, homebuyers…

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Enforcement of Homeowners’ Association Rules and Restrictions

Author: Brooks Schott, Law Clerk Reviewer: Art Macomber, Managing Attorney at Macomber Law, PLLC Date: September 26, 2017 Recent changes to the Idaho real property statutes in Idaho Code section 55-115 limit a homeowner association[i] board’s ability to use fines to enforce the covenants, conditions, and restrictions of the association. These changes limit a board’s…

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Attorney Greg George Kicks Off Kootenai County Bar Calendar with CLE Presentation “Exceptions and Exclusions to Title Insurance”

COEUR D’ALENE, Idaho – September 18, 2017 – Macomber Law Attorney Greg George kicked off the 2017-2018 season of the Kootenai County Bar with the Continuing Legal Education (CLE) presentation “Exceptions and Exclusions to Title Insurance.” Roughly thirty-five (35) attorneys were in attendance. Mr. George was admitted to the Idaho Bar in 2016 and has…

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Buying Real Estate in Montana

by Art Macomber, Managing Attorney September 18, 2017 Even if you are an experienced buyer or seller of real estate, the laws governing real estate transactions in Montana can be perplexing. This article reviews general considerations to make before buying or selling real estate in Montana. The duties of a buyer or seller in Montana…

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Water Rights in Idaho

By Art Macomber and Brooks Schott Water Rights Defined  August, 2017. All waters of the State when flowing in their natural channels, including the waters of all-natural springs and lakes within the boundaries of the state and ground waters of the state, are public waters.[i] The Idaho Constitution guarantees the right to appropriate public waters.[ii]…

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