What To Do With a Neighbor’s Tree

The neighbor’s tree branches come across the property line. The suckers from their poplars are coming through the lawn. Their leaves seem to fall in your yard, but not theirs. What is a landowner to do? Idaho adopted the common law of England when it became a state. The common law is that part of English law derived from judicial … Read More

Coming up: The Transport Rule

Almost all food that we buy in the grocery store is transported either by truck or rail. The Food Safety Modernization Act (FSMA) will soon require that vehicles and transportation equipment be suitable and cleanable to assure the safe transport of food. This new transport rule applies to shippers, receivers, loaders and carriers who transport food in the United States … Read More

Pink Diesel: For Farm Use Only

We have come a long ways from the days when our grandfathers used horsedrawn plows and wagons. We still rely on horsepower to get our farming done, but it is the motorized horses that plow the ground, harvest the wheat, and bale the alfalfa. Most of our tractors, combines, and swathers are powered by diesel engines. Under the law unlicensed … Read More

Do you know how to handle a HIPAA breach?

In the ever-growing world of electronic health records, cloud-based storage, and IT hacks, it is of the utmost importance to know how to handle a breach of protected health information (PHI). Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with requirements to protect the privacy and security of health information. Health plans, … Read More

Parsing Out a Bundle of Sticks

Owning real property is like owning a bundle of sticks. Each stick represents an individual right. One or more sticks may be given away or transferred to another. For example, a stick may be given to the County for a roadway. Another stick may be given to the power company for electric transmission lines. A neighbor may have an easement … Read More

Beard St. Clair Gaffney Welcomes Michael D. Hales

Beard St. Clair Gaffney is pleased to announce that Michael D. Hales has joined the firm. Michael returns to Eastern Idaho after gaining valuable experience practicing law in Orlando, Florida where he represented individuals and businesses alike. His emphasis has been and continues to be centered around timeshare law. He is experienced in protecting clients from unscrupulous companies, timeshare cancellations, … Read More

Know What’s Required Under a Farm Lease

A leasehold is an estate in real property. The law recognizes a leasehold as a right to the use and occupancy of real property for an agreed length of time. Typically a leasehold is created by signing a written lease agreement. The lease agreement will usually include terms such as a legal description of the property being leased, the amount … Read More

Five Things Contractors Should Know About the Notice & Opportunity to Repair Act

Five Things Every Contractor Should Know About the Notice & Opportunity to Repair Act (NORA) By: John Avondet, Esquire This publication is intended to notify readers of developments in the law. It should not be construed as legal advice or opinion on any facts or circumstances, nor should it be construed as insurance brokering advice on any facts or circumstances. … Read More