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Real Property & Water

VIDEO: Who owns and maintains a tree on a property line?

 First, who owns a tree on a property line? Under the common law, an invisible barrier starting at the center of the earth and extending to the stars runs along a real property boundary delineating each owner’s property. Today, that ownership interest is subject to claims about mineral rights underground and the rights of…

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How Tax Liens Can Affect Title to your Land

By Greg George, Attorney Coeur d’Alene, Idaho, [February 22, 2018].  As we’ve all heard, only two things are certain in life: death and taxes. And while the impact of death on property ownership is well-trodden ground—occupying the careers of estate planners and other professionals—the impact of taxes is less frequently discussed. But unpaid taxes can…

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The Hirst Fix is In!

Senate Bill 6091 was signed by Gov. Inslee on Friday, January 19, 2018. It attempts to cure some of the issues related to landowners in Washington State not being able to procure building permits. As we posted last year (see https://macomberlaw.com/2017/05/18/bought-can-build/), the Washington State Supreme Court’s Hirst Decision mandated that cities and counties were responsible…

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Water Rights in Montana

Water Rights Defined Like most western states, Montana governs water resources under the prior appropriation doctrine. Under this doctrine, a water user must have a water right to appropriate water from a stream or groundwater source. For the water right to be valid, it must be used for a beneficial purpose. Each right carries a…

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Real Estate Disclosures in Washington State

by Brooks Schott and Art Macomber October 27,2017 Overview. This article discusses required disclosures by sellers of real estate in Washington State. With few exceptions, Washington State requires extensive seller disclosures before the sale of real property—whether the property is residential or commercial. The disclosure form required depends on whether the property is defined as…

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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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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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