From the Ground Up

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Plan Now So That Excess Water Isn't Trouble Later

Mar 22, 2016

Environmental, From the Ground Up

Water is a frequent topic of conversation these days, with valid concern over the growing scarcity of this resource. In the past few years, however, concerns about too much water have also arisen. From Hurricane Katrina to Superstorm Sandy to our own...

Creative Way to Deal With Easement Dispute Fails

Mar 03, 2016

By LeAnne M. Bremer

Real Estate, From the Ground Up

In the recent Washington Court of Appeals case of Buchheit v. Geiger, property owners tried to prevent a neighbor from crossing over their lakeside lot with an antiharassment order. The neighbor began using the lakeside lot without the owners' permi...

Justice Thomas Signals that the Supreme Court May Review Inclusionary Zoning

Mar 01, 2016

Housing, Land Use, Legal Developments—National, Legal Developments—Oregon, From the Ground Up

Just days after the Oregon Senate approved a bill that would allow inclusionary zoning—i.e. permitting local governments to condition the grant of incentives to developers on the inclusion of affordable housing in new developments—at least one United...

New Property Owners, Beware: Possible Shortened Time to Bring Defective-Construction Claims

Feb 25, 2016

By Stacey A. Martinson

Construction, Housing, Legal Developments—Oregon, Real Estate, From the Ground Up

The Oregon Supreme Court issued a decision on February 19, 2016, affirming a decision to dismiss a homeowner's claim against a builder for defective construction. In Shell v. Schollander Companies, Inc., 350 Or 552 (2016), defendant, a builder, began...

Poorly Drafted Leases Can Cause Headaches for Tenants and Landlords (Part II of II)

Feb 24, 2016

By Jonathon L. Goodling

Leasing, Real Estate, From the Ground Up

Continued from Part I . . . These 10 common problem areas can easily be avoided by paying attention to details. 6. Outside the Premises A tenant should think beyond the four walls of the premises and consider whether it needs to use any amenities,...

Poorly Drafted Leases Can Cause Headaches for Tenants and Landlords (Part I of II)

Feb 22, 2016

By Jonathon L. Goodling

Leasing, Real Estate, From the Ground Up

These 10 common problem areas can easily be avoided by paying attention to details. It's a dangerous world out there. We cannot eliminate all risks. But a well-drafted lease can minimize risk, and a poorly drafted lease can unnecessarily create serio...