Adverse Possession in Oregon – adverse possession plus a little bit more?
As in Washington State (See Previous Post – My What Pretty Property You Have), adverse possession in Oregon requires that a claimant satisfy something of a standard test that the claimant and their predecessors in interest have maintained: (1) actual; … Continue reading →
Boundary by Acquiesce and Recognition
As noted in my last post on adverse possession, a party (“claimant”) may gain ownership over another’s land by satisfying a four part – the claimant’s possession of the land was: (1) exclusive; (2) uninterrupted, (3) open and notorious; and … Continue reading →
My What Pretty Property You Have – Adverse Possession in Washington
You are walking a potential purchase – it is an acreage lot and you notice that the boundary lines of the yards of adjoining property owners are uneven, and that their boundary with the parcel that you are considering are … Continue reading →
Maintenance of Private Roads – Who Pays When There is No Agreement as the Maintenance Costs?
This question came before Division One of the Washington State Court of Appeals in the matter of Buck Mountain Owners’ Association v. Glenn Prestwich and Barbara Bentley, with the court holding that if there is not an agreement as to … Continue reading →
Legislative Fix of Summerhill Village HOA v. Roughley?
In a recent Washington Court of Appeals case, Summerhill Village Homeowner’s Association v. Roughley, a condo owner was delinquent in paying assessments, and the Association placed a lien and then moved to foreclose. The association named and served the lender, … Continue reading →
Bankruptcy and Your Home – You Walk Away From Your Home, But Your Assessments Might Follow You
You have made the painful decision to declare bankruptcy and walk away from your home. Let the Bank have it you think – “No more mortgage payments and no more monthly payments to the Owners’ Association.” Several months later, you … Continue reading →
R Value – Is it in your construction contract?
Homebuilders and remodelers, does your contract contain an R Value disclosure? If you are uncertain, then you may want to review your form agreement and then contact your attorney to see if the Federal Trade Commission’s (FTC) rule on “Labeling … Continue reading →
If the Federal Cooling Off Rule Applies to My Business – What Must I Do?
As discussed in my last post, the Federal Cooling Off Rule may apply to many construction contractors and small business owners. If the rule applies to your business, it will give consumers the right to cancel a purchase within … Continue reading →
THE FEDERAL THREE-DAY COOLING OFF RULE – IT APPLIES TO MORE BUSINESSES THEN YOU MIGHT SUSPECT?
Many individuals have some awareness of the three-day rule and think of it generally as the right to cancel purchases from a door-to-door salesman. The rule however is much more extensive and applies to many businesses, especially small construction contractors, … Continue reading →