Law Articles

The right to a ditch easement is recognized under the Colorado Constitution and statutory law. The Colorado Supreme Court has held a ditch easement includes the rights to “inspect, operate, maintain and repair the ditch” and the rights of ingress and egress over the burdened estate. [more…] A ditch easement can arise by condemnation, grant […]

The last blog talked about Patents and Trademarks. Before we move on, another comment about Trademarks. The Patent and Trademark Office (PTO) has an extensive web site that allows the filing of a Trademark Application on line. Before going through the process (which is somewhat self-explanatory), I urge folks to find out if the proposed […]

I represented an owner who hired a contractor to build a large equestrian center. The roofing was put on upside down! The result was that water leaked into the building, soaking the insulation, which in turn fell on the floor in great sheets, damp, smelly and a general mess. The resulting litigation involved the owner, […]

Capable. Lean. Agile. It is a common practice when two folks start a business to decide on joint ownership. It might be as 50-50 partners in a partnership, or 50% ownership in stock, or as equal members and joint managers of an LLC. Let me suggest it is a recipe for major trouble, or a […]

It is a common practice when two folks start a business to decide on joint ownership. It might be as 50-50 partners in a partnership, or 50% ownership in stock, or as equal members and joint managers of an LLC. Let me suggest it is a recipe for major trouble, or a disaster. The problem […]

When tenants are negotiating a lease for a commercial property they commonly look at the rent as the main financial term. While that is critical, there is another critical element, and that is the Common Area Maintenance or CAM charges. [more…] Those are the charges for the common area of the building. The definition of […]