Real Property & Water Law

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…

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…

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]…

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…

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…

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…

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…

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…

By Matthew Blanksma, Legal Intern** Coeur d’Alene, ID — June 12, 2017. If you own, use, or are thinking of acquiring property in North Idaho, you may be affected by an Idaho Court’s recent ruling in the Coeur d’Alene Spokane River Basin Adjudication. The water right you buy with that property may be affected by…

Coeur d’Alene, Idaho, May 18, 2017. Imagine: you’ve saved up diligently for years and are now ready to buy that picturesque land out in the country you’ve been yearning for. You make your down payment, sign the papers, get the loan, and everything checks out at closing. Success! Now it’s time to start building that…