Category Real Property

Community property versus separate property — what’s mine is mine, or maybe it’s yours, or maybe not…

Idaho is what’s known as a “community property” state — one of 9.5 such states in the United States. (Alaska has an opt-in provision for community property, so it is the 1/2 state.) The rest of the states are “common law” property state. In those states, determining who owns what is generally straight-forward. If there […]

Pet cemetery story on Channel 6

A few weeks ago I wrote a post on the legal status of pet cemeteries in Idaho.  Channel 6 picked up the story last night.

Pet cemeteries

I recently had occasion to do some research regarding the legal status of pet cemeteries in Idaho. Unlike in some States, it appears there are no laws specifically regarding the creation or maintenance of pet cemeteries here. The question then arises: what is someone buying if someone buys a plot at a pet cemetery? The […]

What are CCRs?

In a recent post about dealing with your neighbor when it comes to fences, I mentioned “CCRs” as one possible location for information or rules governing your placement of (and payment for) fencing.  One reader inquired regarding what CCRs are — thus this post. CCR is, of course, an abbreviation for Credence Clearwater Revival, an […]

Dealing with my neighbor — fences

Some time ago, I posted about dealing with the neighbors when it comes to trees.  This entry will be about another common neighbor issue — fences.  Unlike trees, the topic of fences has its very own Title in the Idaho statutes (Title 35).  Rightly or wrongly, this puts it on a level with other Titles, […]

Dealing with my neighbor — trees

With the recent high winds in Boise and the subsequent falling of many trees and tree limbs, I’ve been looking at the law related to tree ownership and rights of neighbors regarding trees. Ownership:  If you own land, and a tree’s trunk is entirely on your land, then you own that tree, too.  The key is […]