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Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim
On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before the initial conveyance of the benefited property was not fatal to the claim. Da...
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Portland's Booming Residential Market Remains Hot
Zillow calls Portland the nation's fourth "hottest" apartment market based upon a combination of new apartments as a percentage of total rentals (just 1.7 percent), the percentage of new apartments rented within three months (72 percent), and apartme...
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Creative Way to Deal With Easement Dispute Fails
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...
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New Property Owners, Beware: Possible Shortened Time to Bring Defective-Construction Claims
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...
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Poorly Drafted Leases Can Cause Headaches for Tenants and Landlords (Part II of II)
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,...
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Poorly Drafted Leases Can Cause Headaches for Tenants and Landlords (Part I of II)
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...
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