Do Good Fences Make Good Neighbors?

We’d all like to think so.

The saying comes from Robert Frost’s “Mending Wall” which was published in 1914. But even before that, in the mid-1700s, Benjamin Franklin wrote in Poor Richard’s Almanack, “Love your neighbor; yet don't pull down your hedge.” With those seemingly wise words, you wouldn’t think there’d be any problems, would you? Guess again and don’t forget the Hatfields and McCoys.

Living near your neighbors can be a boon to your life. You can make great friends, have people close that you can count on, share experiences with and even feel safer in your community. But, as with most things, there can be a flip side. You may find yourself in dispute with them over the maintenance of fences and boundaries, new construction that may obstruct a view or that you think is encroaching on your own property, or noise coming from their side, that’s driving you crazy. Don’t forget that you are legally entitled to quiet enjoyment in your home. A note: if noise is the issue between you and your neighbor, keep a diary of the dates of the noise and what kind of noise it is. You may want to record it from your own home if you are able to. This will be helpful to you later on if you use mediation or some other means to resolve your issues. There is also a possibility that your neighbors have no idea how loud they are. This might just wake them up.

In any of these circumstances your first thought will probably be to just go over there and have a chat. This may resolve the problem right away, or you may find yourself facing resistance. What may seem to you to be a reasonable request may not hit your neighbor in the same friendly way. This may be a good time for you to seek legal assistance. In all likelihood you and your neighbor will remain so for years to come, and before this dispute grows into something larger and uglier, it’s best to deal with it early and in a way that is fair to both of you. You don’t want to spend decades with this festering and making you miserable.

Consulting an attorney doesn’t mean that you’ll necessarily wind up in court. Depending upon the circumstances we can help you with negotiation and settlement. In one instance, uncertain boundary lines may be worked out through an administrative remedy in Oregon called property line adjustment. This can be a complicated procedure, and we will work with you on it. You don’t want to miss any of the fine points and not achieve the goal you’re looking for. Uncertain boundary lines can have a future financial impact should either neighbor want to sell or build. In the case of a sale, a buyer may just back out of the transaction if the size of the lot is not as represented.

Getting back to those fences... if you’re going to put one up that sits on their land as well as your own, put in writing who is responsible for what. Maintenance and repairs should be assigned to one side or the other, or both. If it’s not in writing and you wind up in court, past behavior is what the courts will look at in determining an outcome to a fence or border dispute.

It will be great if you can work out your differences amicably. But if you can’t, please give us a call at 503.655.7555. We offer many years of experience in real estate law as well as a wide range of other legal specialties.

There’s no reason you shouldn’t be happy in your own home.

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Have You Lined Up Your Designated Drivers?

We’ve all been listening to Christmas music in every store and public place since before Halloween, so we all know that the holidays are upon us. Thanksgiving is right around the corner. While you’re inviting your family and friends and planning your menus and decorating your homes and shopping for holiday gifts and trying to be meticulous about every detail, don’t leave this one out: line up your designated drivers.

A lot of people associate having a good meal or just a good time with alcohol. Cocktails, wine with the food, beers with your feet on the coffee table when you’re watching sports on TV, eggnog while you’re wrapping presents. It all seems harmless unless or until you imbibe too much and then have to get into a car and drive somewhere. Or if one or more of your guests has had a great time at your party and had one drink too many and now has car keys in his or her hands. A good host should be prepared for this. Make sure that someone else is willing to be a designated driver to get that person where he/she is going. It’s a good idea to ask your guests in advance of the party if any of them would be willing to take this on. You don’t want the obligation to land on you. 

Make sure that your designated driver won’t drink at all. One drink early on might be fine, depending on that person’s capacity for alcohol, but that’s it. The legal drinking age in Oregon is 21, so someone younger with a driver’s license might volunteer. Check that that person is capable and confident driving at night and under any weather conditions. An older driver with more experience might be a better idea.

If there isn’t anyone who wants to raise a hand for this, plan for the likelihood by calling services in your community. Some of them will take your guest(s) home and also make sure the car gets there. Take a look at this Designated Driver Site for more information.

And don’t forget about yourself. If you’re planning on doing some bar hopping to celebrate, acknowledge up front that you might not be in any shape to drive when the evening is over. Pick someone from your group to stay sober, or make arrangements for someone else or a service to pick 
you up.

As we pointed out last year, a DUII is a crime in Oregon. For a first offense, the mandatory minimum sentence is 48 hours in jail plus probation, a fine and a license suspension.  While on probation, you will also be required to complete alcohol treatment before you can get your license back. If you already have had two drunk driving convictions in the last 10 years, you may be charged with a felony, which carries a mandatory minimum sentence of 90 days incarceration, and could result in prison time.

It is possible that you will be charged with other crimes along with drunk driving, such as Reckless Driving, Reckless Endangerment, Assault, Criminal Mischief, or Failing to Perform the Duties of a Driver (Hit and Run). Don’t ruin your life or anyone else’s. Please.

People often say, “better safe than sorry” and this is a prime example of that. Just be prepared. And then you can all enjoy the holiday gatherings without worrying about what comes later.

We offer a range of legal specialties and many years of experience. Why don’t you start with us? And we like to think that we’re easy to talk with. Please give us a call at 503.655.7555 and let us see what we can do for you or contact us here.

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Did You Just Hit and Run in Portland, Oregon?

We don’t believe that anyone ever intends to have a hit and run accident. Most of us think of ourselves as upstanding citizens who will take responsibility for ourselves and our actions. But unfortunately, sometimes things happen that change things.

If you are ever driving and think you have hit something in the road, you must get out and see whom or what you hit. You cannot simply drive away. If you hit a person, for whatever reason, you must remain at the scene and give aid. Call the police immediately. If you hit an animal, you must also remain on the scene until you can get help or manage the situation by yourself. If you are simply a witness to an accident, you must also remain on the scene and give all of your information to the police. Witnesses who do not do so are subject to being ticketed.

If you hit a car with no one in it, you must try to find out who is responsible for that car, or leave all of your contact information in plain view on the car, perhaps on the windshield.

None if this is simply a matter of our “better angels” or conscience. Aside from the moral obligations, there are far-reaching legal ramifications. You may be dealing with a criminal offense. If you leave the scene and there were injuries, this may qualify as a Class C felony. Class C felonies are punishable by up to 5 years in prison and fines reaching $125,000. If there was only property damage as a result of the accident, you may be found guilty of a Class A misdemeanor. These are punishable by up to 1 year in jail and fines reaching $6,250. In any case you may lose your driver’s license in addition to going to jail.

If you find yourself in a situation like this, you are no doubt scared and possibly terrified. None of this will get any better until you own up to and seek to resolve your actions. There is a possibility that you may not even know or remember what happened, except that you hit something and drove away. This is when you call us.

Please give us a call at 503.655.7555. We offer a range of legal specialties and many years of experience. We will be with you in court, and before and after. We will do the best that we can to mitigate your legal difficulties.

Drive responsibly. Don’t text, drive the speed limit, keep both hands on the wheel. Pay attention. Researchers from Oregon State University have studied driving distraction and Dr. David Hurwitz wrote, “Based on recent studies, anything that takes your attention away, any glance away from the road for two seconds or longer can increase the risk of an accident from four to 24 times.” That’s just TWO seconds. Regarding texting, one more time, according to OSU, a previous study found that texting was equivalent to being drunk. Please wait until you pull over or stop the car.

We want to help. Call us at 503.655.7555. Don’t handle this alone.

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Should You Be Buying “As Is”?

If you are buying a house in Oregon, you are buying the property “as is”. This means that what you see is what you get. But even though this is the case, as the buyer you have every right to try and negotiate whatever repairs you think are necessary. The seller is required to disclose to you any issues with the house that he/she is aware of. That does not, however, force them to remedy any of them. The negotiations you have with the seller must be carried out during the home inspection period. After that time, should you decide to walk away from the deal, you may be forfeiting your earnest money.

There are buyers who are more than willing to “fix the place up” if they think it will lower the price. On the other hand, there are buyers who are looking for a turnkey property and won’t go forward unless the seller makes all of the improvements requested. In many instances, both parties meet somewhere in the middle. It’s probably best to know which kind of buyer you are before you start spending countless hours looking online and then giving up weekends driving around looking at open houses.

If you are buying a used car you almost certainly will be purchasing it “as is”. This will be written into the agreement and will serve to indemnify the seller from anything that goes wrong with the vehicle after it’s yours. This is one of the reasons that you should not buy a used vehicle without having it checked out by a mechanic you trust. You will also probably want to run a VIN check on the vehicle before you buy it. This will disclose information about the vehicle that even the seller might not know. Especially if the seller is not the original owner.

The Oregon Lemon Law does not apply to sales transactions for used cars. It is only for cars that are new and during the first two years or 24,000 miles.

There are several conditions that must be met when a dealer sells a used “as is” car. We can discuss these with you before you make your purchase.

In many instances of various sales dealings you won’t have much choice if it’s an “as is”. But that doesn’t mean you should enter into anything with your wallet open and your eyes closed. If you’re uncertain about what you’re about to undertake, please give us a call at 503.655.7555. We offer a range of legal specialties and many years of experience. And we’ve been told that we’re easy to talk with. A nice thing to hear.

And now we’d like to hear from you. We’d like to help.

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Finding the Right Attorney for You

Almost everyone gets that sinking feeling when he or she realizes it’s time to hire an attorney.

There are almost as many reasons to find an attorney as there are flavors of ice cream. You’re getting married, you’re getting divorced, you’ve been arrested, you’re buying or selling a house, you want to make out a will, you want to adopt a child, you fell down in a store and were injured, you’re being sued, you were in a car accident - you can see that the list goes on. Regardless of the reason, it’s time. But where to begin?

There are over one million practicing attorneys in the United States. Luckily for you, you only have to start looking here locally. Most people start by looking online or by asking friends and family and business associates for a referral. Any of these is a good idea. But engaging an attorney is not exactly the same as hiring someone to prune your trees or wash your windows. First and foremost, you want someone who has experience in the area you need. The more experience the better. Unless it’s your own child (and we’re only half-kidding) you don’t want to be someone’s first case. You want someone who knows the way around a case and a courtroom. There are many attorneys with specialties. And there are many attorneys who have more than one specialty. Finding someone like this might be helpful to you as you move through life. Today you might want someone to help you with a prenuptial agreement, and down the line you may want someone to help with your parents’ estate as they grow older. And all manner of things in-between.

When you’ve compiled a list of several lawyers, get on the phone. You’ll want to talk to all of them before you make a decision. Most attorneys will offer a half-hour consultation in the office for free. It’s important to assess how the two of you will get along. As we said, it’s not like hiring someone to prune your trees. Your attorney is someone who is going to be working with and for you. Don’t be shy. Aside from talking about your situation, you’ll want to talk about payments and down-the-line accessibility. You want to make sure that communication is easy and understandable. You can’t just say, “Please take care of this” and then walk away. If you leave the consultation annoyed or confused or unimpressed, this is not the right person for you, irrespective of where the referral came from. Trust your instincts.

Why don’t you start with us? We offer a range of legal specialties and many years of experience. And we like to think that we’re easy to talk with. Please give us a call at 503.655.7555 and let us see what we can do for you or contact us here.

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With No Wedding, Who Keeps the Ring?

It can be a very sad day when a wedding is called off. Expectations crash, and hearts are heavy. On the other hand, sometimes it’s just a relief. Two people come to their senses and realize that their marriage just wasn’t meant to be. The split is amicable, sometimes they remain friends, and off they go back into the wild blue yonder.

But what about that engagement ring? Who gets to keep it? It seems logical that the ring was a gift and therefore should belong to the recipient. But logic and the law are not always a happy couple. Most states consider an engagement ring to be a “conditional gift”. This means that the condition of the gift is that the marriage take place. (In Kansas and Montana, the ring is viewed simply as a “gift” and belongs to the person who received it. Some other states have ruled that if the ring was given as a Christmas or birthday gift, it may also be considered to be just a gift.) If the marriage is cancelled, the ring goes back to the donor. It doesn’t matter who or what caused the breakup. This situation can be altered if you have a prenuptial agreement and thought enough ahead to put instructions about the ring into it. Don’t feel bad if you didn’t. Most people don’t.

If the ring was a family heirloom, regardless of the law, it should ethically be returned. Nobody wants to go through life known as a mean girl.

If the ring was purchased together, you may want to sell it together, and share the proceeds. One of our specialties is Family Law and we can help you deal with this.

We suggest that you think long and hard about this once the hard feelings start to lift. The ring you may try to keep can also be a long-lasting reminder of something special that didn’t work out. Not all memories are worth hanging onto.

Let us help you start your new life. Please give us a call at 503.655.7555 to talk this over or contact us here. We will be on your side from the beginning and all the way through.

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It Doesn’t Have to be a Custody Battle!

With all of the television shows and movies that have story lines about custody battles you’d think there was no other way to work things out than to fight about them. If you factor in how many horrific custody disputes there are in the news you might feel under water before you even begin the process. It doesn’t have to be that way. It shouldn’t be that way. We are here to help you through the process to get to the best outcome for you and your children.

You and your partner love your children. Probably more than life itself. So the first thing you want to be aware of is not to drag them into this. Don’t speak ill of each other or each other’s families in front of them. Don’t say things to each other you wouldn’t want repeated in a court of law. There is a possibility that you are being recorded without knowing it, and those tapes may wind up in court. Treat each other with respect and at all times make the safety and well-being of your children your number one priority.

Oregon custody law has two forms of custody. The first is legal custody which provides a parent or parents with the ability to make decisions regarding the child's upbringing. This includes decisions regarding medical care and education. The other is physical custody. This refers to which parent the child lives with. The parent who has physical custody of the child is referred to as the custodial parent. The other parent is the non-custodial parent.

The court may award the non-custodial parent visitation rights, or parenting time. This means the non-custodial parent can spend quality time with the child during certain designated times. Depending on the court’s order, visitation may be supervised. These visitation rights will depend on what the court deems to be in the best interests of the child. Generally, Oregon courts favor granting some level of visitation rights to the non-custodial parent. However, this may not be the case if the parent has a history of committing domestic abuse.

There was time when it was assumed that the mother would automatically get custody, but those days are behind us. Each parent is judged equally now and we will help you to make your case.

There are many other issues involved in custody decisions and we will be honored to discuss them with you. Please know that even if you have made an agreement out of court after the custody order has been signed, it will not be viewed as legal. To alter the child custody order, a parent will have to file a motion requesting modification of the order. We will help you with that as well, should that be your present situation.

Please do not hesitate to call us at 503.655.7555 so that we may answer your questions. We will work with you to achieve the best situation for you and your children.

If you have any other questions or concerns that we may be able to help with, please do not hesitate and call us at 503.655.7555 or Contact Us here.  We will be on your side from the beginning and all the way through.

725 Portland Avenue, Gladstone, OR 97027

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