Real Property & Water Law

Macomber Law knows:

  • Deeds
  • Surveys
  • Diversions
  • Private water agreements
  • Sewer agreements
  • Shared well agreements

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Articles

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…

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…

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…

Did Your Driveway Disappear? The Idaho Supreme Court’s 2017 Decision in Regan v. Owen Wiped Out Easements

Coeur d’Alene, Idaho, September 28, 2017. This blog is a follow-up to the May 10, 2017 post titled “Are You Losing Your Easement?” In that post, Art Macomber discussed the then-pending Idaho Supreme Court decision in the case of Regan v. Owen. On September 8, 2017, the Idaho Supreme Court issued its final decision in…

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]…

When What You Got Isn’t What You Bought: Legal issues with seller nondisclosure or misrepresentation – Part 4 of 4

Coeur d’Alene, Idaho, August 9, 2017. We have been discussing the complexity of real estate purchases. This is part four of the four-part series. Buyers in Idaho need to accomplish their own due diligence. Only in one-to four unit residential transactions do Idaho statutes alter the common law that requires that buyers beware. Even in…

When What You Got Isn’t What You Bought: Legal issues with seller nondisclosure or misrepresentation – Part 3 of 4

Coeur d’Alene, Idaho, August 7, 2017. In this third part of our series, we address the issue of mistake. Sometimes only one party is mistaken about a particular fact, and sometimes both parties are mistaken. Idaho law treats the issue of mistake differently in those two cases. PART 3: Common-Law Claims: Mistake An aggrieved party…

When What You Got Isn’t What You Bought: Legal issues with seller nondisclosure or misrepresentation – Part 2 of 4

Coeur d’Alene, Idaho, August 3, 2017. In this series, we have been discussing the complexity of real estate purchases. This is part two of the four-part series. Buyers in Idaho need to accomplish their own due diligence and only in one-to four unit residential transactions do Idaho statutes alter the common law that requires the…

When What You Got Isn’t What You Bought: Legal issues arising in real estate transactions – Part 1 of 4

Coeur d’Alene, Idaho, August 2, 2017. Buying a house or other real property is often one of the highlights of American life. The home can represent not just a stable foundation for a family’s life, but also can be a key part of future financial planning. Purchasing real property for a home or other purpose…

Cracks in the Shield: Tribal sovereign immunity in real property disputes

By Greg George, Attorney Coeur d’Alene, Idaho, [June 20, 2017]. As most landowners know, boundary-line disputes can be a significant risk in owning real property. This is especially true when you buy property outside of platted subdivisions. Such property may not have been surveyed, or old survey pins may have retreated into the ground never…