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Questions Answered by John Roland Lund
1 Answer | Asked in Real Estate Law for Colorado on
Q: Am I responsible for leaves, branches and twigs that fall from my tree into my neighbors yard?

This tree is in my yard that is approximately 60-80 feet high. A good portion of the tree encroaches my neighbors yard (airspace) which consequently drops leaves and small branches into her yard. I intend on trimming tree soon but the constant harassment from my neighbor by throwing leaves,... Read more »

John Roland Lund
John Roland Lund answered on Oct 18, 2016

Here is a rather complete discussion of the issue. http://www.hindmansanchez.com/resources/article/what-to-do-when-a-neighbors-tree-strays/

Hope it helps.

2 Answers | Asked in Animal / Dog Law, Real Estate Law and Land Use & Zoning for Colorado on
Q: My neighbor has 2 horses, 5 alpacas and 3 dogs. I do not think her property is zoned for this. What can I do?

Her animals are noisy and smelly. Feces runs into a creek nearby. Dogs bark all through the night.

John Roland Lund
John Roland Lund answered on Oct 16, 2016

Here is info on reporting zoning violations in Littleton: http://www.littletongov.org/building-development/code-enforcement/report-a-code-violation

If the city will not enforce the zoning regulations, you do have the right to file a suit for abatement of the nuisance. You can do that on...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: Bought house. Smelled sewage. Owner didn't disclose problem. Can I sue him for this?

Bought house 11 months ago. Right after I moved in I smelled a sewage smell. I texted with the previous owner asking if he had ever smelled this. He wrote back "yes" that he smelled it when he lived there. We went back on forth on text so I quite a bit of documentation that he knew of... Read more »

John Roland Lund
John Roland Lund answered on Oct 16, 2016

Here is a good summary of the disclosure rules in Colorado: http://www.nolo.com/legal-encyclopedia/home-sellers-colorado-your-disclosure-obligations.html

Tristan is correct that it depends on the facts and proving that the seller knew of the condition.

If the amount of the claim is...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: I bought a house in my name as I could get a better rate than with my husband on the loan.

He tried to run for the HOA board.The mgmt. company doesn't really want him on the board so they have put in a 2 year live in the community clause. Now they are saying he hasn't been a resident until I added him to the deed. Don't we have joint tenancy and wasn't that from when... Read more »

John Roland Lund
John Roland Lund answered on Oct 11, 2016

I agree with Tristan. Just three other thoughts: First, the Declarations for the project likely contain a list of definitions and provisions concerning who is an owner, etc. So while the general law operates as Tristan describes to treat both you and your spouse as joint owners, the HOA... Read more »

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2 Answers | Asked in Business Formation, Medical Malpractice and Products Liability for South Carolina on
Q: I am a Paramedic in SC. I want to start my own business selling 1st aid kits. Any liability if I include medications?
John Roland Lund
John Roland Lund answered on Sep 25, 2016

Dispensing medication is highly regulated as you likely understand. If you are thinking about including things like prepackaged ibuprofen or other OTC medicines and you provide them in packaging containing all of the manufacturer's labeling and warnings, then I think you'd be in fairly... Read more »

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