by Greg Overstreet | Apr 21, 2023 | Uncategorized
Many people have heard of “adverse possession.” This is a common legal rule where, if you use your neighbor’s land for five years or more, you can go to court and get a deed to the portion of your neighbor’s land that you have been using. What most people are...
by Greg Overstreet | Mar 18, 2023 | Uncategorized
There is a 50-square mile strip of Idaho in the Yellowstone National Park where, at least in theory, no one can be prosecuted. This is not made up. The reason starts with geography, goes to the Constitution, and ends with Congress failing to fix the problem. The...
by Greg Overstreet | Feb 16, 2023 | Uncategorized
You are enjoying a quiet breakfast and look out the window to find someone else’s cattle munching on your prized flowers. You can sue the owner of the cattle, right? It depends. Montana has “open range” laws that provide in most parts of the state a property owner...
by Greg Overstreet | Jan 20, 2023 | Uncategorized
When I was a kid, my three-legged dog Jerry bit a neighbor. I remember the insurance adjuster – one of the few people I’d ever seen with a suit on in my town of 60 people – came out and started asking our neighbors if Jerry had ever bitten anyone else. Turns out the...
by Greg Overstreet | Dec 21, 2022 | Uncategorized
Let’s face it: going to court is far too expensive, time consuming, and adversarial. That has led to a revolution in the legal system: The increasing use of mediation and arbitration, which is a way to decide disputes without going to court. And it’s very popular....
by Greg Overstreet | Nov 22, 2022 | Uncategorized
Montana is unique, which is one of the reasons we love this place so much. Last month this column described something that only happens in Montana law but no other state: marriages when both people can be 10,000 miles apart for the ceremony. This month’s column is...
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