Hi! My name is Greg George. I’m an attorney with Macomber Law. This video addresses the question, “What is the difference between a Warranty Deed and a Quitclaim Deed?” What is the difference between a warranty and a quitclaim deed? Let’s start with the definition of a deed: “DEED: A written instrument by which one…

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https://youtu.be/7WniXy1pEw8 How do you find out if you have deed restrictions? Let’s start with a definition. A deed restriction is defined as a restriction on how you may use your property. The first place to go for this information is to the deed itself. Read your deed and you will have started the process of…

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Can a lien be placed on your property without notice? Before we answer this question, we need to know that a lien is defined as a legal right or interest that a creditor has in another’s property usually lasting only until the debt is paid. There are different types of liens. A mortgage, a mechanic’s…

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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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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 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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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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 First, let’s define easement: An easement is the legal right to cross over someone else’s land. Owners, particularly landowners in rural areas, often require an easement to access their land. In other words, without an easement, many parcels would be landlocked. Easement for ingress and egress is a fancy way of saying that an…

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As you know, an easement is a right to cross over someone else’s property. To the question, “Can you terminate an easement?” the short answer is, “Yes, easements can be terminated.” There are four ways an easement can be terminated: By Expiration By Agreement By Abandonment Via Doctrine of Merger By Expiration Some easements are…

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 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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