Are we dealing with part of a unit, the common elements or a limited common element? This is often the first question when analyzing maintenance, repair and replacement responsibilities in a condominium. That question also often relates to: Who pays? read more

I recently read an article stemming from NASA's discovery of seven exoplanets, three of which may support life. The article discussed an insurance company called Budget Insurance that is now issuing policies protecting policyholders against alien invasion. After doing some digging, I also discovered that another insurer is selling alien abduction insurance. The latter company has already sold more than 30,000 policies (I was unable to verify whether any of the policies have paid out). read more

In part one of our three-part series on Tree Trouble, my colleague David Silver wrote about Timber Trespass. In this post, I'm going to discuss self-help. Self-help is the legal term that describes "taking the law into your own hands"—literally. In this context, it would include a property owner getting out their pruning shears or shovel and cutting or trimming parts of a neighbor's tree that infringe upon his or her property. You may be surprised to hear that in Washington, such conduct has been endorsed by the courts. read more

One aspect of real property law that I find interesting is how some of the nastiest legal disputes are between neighboring property owners. On one hand, it would seem incumbent upon neighbors to be friendly and cooperative to one another because they are forced to interact regularly. On the other hand, the likelihood, or at least opportunity, for disputes seems to increase proportionately the closer people live to one another. read more

Kansas, of course, is in the heart of Tornado Alley and home to the most famous tornado of them all: the one that swept Dorothy into the Land of Oz. Recently, however, Oregon and Washington felt the effects of multiple tornadoes. Two tornadoes touched down in Oregon in October. Tornado warnings were also issued for several cities in Washington. The tornadoes and strong winds wreaked havoc on homes across Oregon and Washington. Although not frequent, tornadoes do occasionally touch down in both Oregon and Washington. Because we are not accustomed to tornadoes, many are probably wondering whether their homes and associations are covered. Fortunately, property damage caused by strong winds and tornadoes are typically covered under standard homeowner policies. To be safe, a simple phone call to your broker or agent will confirm the coverage. read more