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Real Property & Water Law

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Articles

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…

Coeur d’Alene Tribal Water: All rights reserved?

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…

You Bought It, But Can You Build on It?

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…

Are You Losing Your Easement?

By Art Macomber, Attorney Coeur d’Alene, Idaho, May 10, 2017. Have you ever considered that if your neighbor doesn’t pay his property taxes and the county or city takes the property you could lose your easement and not be able to drive home for dinner? This is a question now before the Idaho State Supreme…