Thanks to BizWest for recognizing Otis Bedingfield, and Peters at the Mercury 100 awards for fastest growing companies in Northern Colorado. We are proud to be one of such an elite group of organizations from Fort Collins, Loveland, Windsor and Greeley.
Did you know that, under Colorado statute, someone can obtain title to your land without paying for it? Under the doctrine of adverse possession, if someone uses your land continuously for 18 years, it may become theirs. This doctrine became famous when a retired judge in Boulder obtained title to part of his neighbor’s property through adverse possession, and a lengthy (and expensive) legal battle ensued.
However, there are actions a landowner can take to prevent this from happening to them. While adverse possession is a concern for all Colorado landowners, it is especially important for those in agriculture, who often have hundreds or even thousands of acres of land. For example, if a neighboring landowner’s fence line is placed somewhere other than the true property line on a ranch, a portion of the ranch could become the neighbor’s property if the fence line stands for 18 years. Those in agriculture should take care to periodically monitor their ground for use by any third party and to put a stop to it.
On the other hand, if you’re buying a farm or ranch, it is also important to have a survey completed to determine the true boundaries of the property. Often, agricultural land is kept in the same family for generations, and a fence line may not reflect the true property line. When someone from outside the family purchases some or a part of that property, a survey may keep you from buying something you did not expect—the defense of an adverse possession claim. A competent attorney can assist those in agriculture, as well as any landowner, in ensuring that they are protected from losing some or all of their real estate to adverse possession.
As a litigator in a business law firm, I have seen the best and worst of family businesses. When they work, they work great, for intuitive reasons: family know and trust each other, they share values, they want to maintain a generational tradition. But when they sour, they are horrible. Family business dissolutions are like divorces: parties supposedly fighting over fair asset division are really fighting over hurt feelings and deeper family conflicts.
This Forbes article: https://www.forbes.com/sites/nextavenue/2017/03/08/how-family-businesses-can-set-workfamily-boundaries/#13f6abc62a80 is worth reading. The authors do not, however, mention that legal advice is essential too.
During formation, your attorney will consider things you might not. For instance, you may not think that a sibling, spouse, or child might leave the business, because of new interests, divorce, or an untimely death. Does your business have a buyout provision that lets someone separate without crippling the business? Is your agreement fair to the heirs of a deceased partner? Your attorney can help you make conscious decisions about these issues, instead of leaving them to spring up during a crisis. Hopefully, this makes litigation less likely.
When are falling apart, however, you should consult a litigator early. A litigator such as myself would give you a sense how much litigation can cost and your likelihood of prevailing, but more importantly would help you think about your case dispassionately. Family members may try to “guilt-trip” you into an unfair settlement, or you might be taking an untenable stance motivated by non-business considerations. Regardless, your litigator’s goal should be to help you stop and think, Is this really what you want to do?
Ultimately, whether you want to pursue settlement or a full lawsuit, your litigator’s job is to help you carry out your decision. But that decision should be your informed decision, not an unfortunate gut reaction.
Otis, Bedingfield & Peters, LLC is pleased to announce that attorney Jennifer Lynn Peters has been certified as a member of Lawyers of Distinction.
The Lawyers of Distinction is recognized as the fastest growing community of distinguished lawyers in the United States. Membership is limited to the top 10% of attorneys in the United States. Members are accepted based upon objective evaluation of an attorney’s qualifications, license, reputation, experience, and disciplinary history.
Widely known for organizing the 19th Judicial District Bench-Bar Committee’s Annual Nuts & Bolts CLE, now in its 14th year, Jennifer routinely gives presentations on real estate law, business law, and ethics. She also volunteers as a mediator for the Weld County courts, and was the recipient of the Weld County Bar Association’s Andrew Borg Award recognizing pro bono service in 2009. Ms. Peters was named a Rising Star by Colorado Super Lawyers Magazine in both 2011 and 2012, and is a member of the board of directors of CREW Northern Colorado and the Weld Food Bank. Jennifer was inducted into the 40 Under 40 Hall of Fame by the Northern Colorado Business Report. She was awarded a certificate of completion of the Commercial Real Estate Women (CREW) Leadership Program.
“It is a tremendous honor and I am humbled to be selected for this certification. It is great to work with a talented and supportive team of lawyers and staff at our firm that make it possible for me to support our Northern Colorado community and provide such a high level of legal services to our clients,” said Jennifer Lynn Peters.
Lawyers of Distinction does not offer membership to more than 10% of attorneys in any given state. Lawyers of Distinction uses it own independent criteria, including both objective and subjective factors in determining if an attorney can be recognized as being within the top 10% of attorneys in the United States in their respective field. This designation is based upon the proprietary analysis of the Lawyers of Distinction organization alone, and is not intended to be endorsed by any of the 50 United States Bar Associations or The District of Columbia Bar Association. Please see the website www.lawyersofdistinction.com for further details concerning membership qualification.
Otis, Bedingfield & Peters, LLC provides real estate law and business law services throughout Northern Colorado. OBP has 16 attorneys spread across its two offices in Greeley and Loveland. For more information, contact Jennifer Lynn Peters at email@example.com or 970-330-6700 or visit www.nocoattorneys.com.
Unlike a fine wine, leases can leave a bad taste in your mouth if simply left on a shelf. Whether you are a commercial or residential landlord, if you haven’t read your lease recently, you can bet there are outdated terms or potentially inaccurate or incomplete provisions.
Many things have changed that have had quite the effect on leases – including the legalization of marijuana, reasonable accommodations, and the rights of tenants who are victims of unlawful sexual behavior and stalking.
One of the more recent changes took effect on August 9, 2017. Previously, both commercial and residential landlords could provide tenants under a short-term lease just seven days’ notice of lease termination, among the shortest notification windows in the country. C.R.S. § 13-40-107 extends that advanced notification requirement to 21 days.
If you think your lease may need to be dusted off, it might be a good time to reach out to an attorney for assistance.
When disputes arise over the purchase of a business, it is often because the agreement did not adequately define what is being acquired by the buyer, what obligations remain with the seller, what representations are part of the basic understanding of the transaction, and what business information is confidential or trade secret. Often, such agreements also fail to address the risk of departing employees.
Business strategies, customers, status of work, current and projected needs for future work, information about key employees and whether they will remain engaged after the sale is valuable, competition-sensitive information instrumental to the success of the business, and items that that any buyer should consider, define, and protect in the purchase agreement to help avoid future disputes. Ask every question you can think of as part of the due diligence process. Understanding what you are buying is crucial to successfully transitioning the company after sale.
OBP has been named one of the fastest- growing companies in Northern Colorado!
What are the fastest-growing private companies in Northern Colorado?
The Mercury 100 list is ranked by percentage revenue growth over a two-year period. The 100 companies are divided into five “flights” of 20, with the highest revenue earners in flight one. Those 20 companies are then ranked by their percentage revenue growth over a two-year period. The Mercury is compiled by BizWest’s research department and vetted by Anton Collins Mitchell. The top five in each flight were introduced at the event on 6/27 and OBP was in the top five in our category!
John recently had an extensive article published in The Water Report (see link below). He also spoke at CSU on June 13th on the Waters of the United States rulemaking at the 2017 Universities Council on Water Resources/National Institutes for Water Resources Annual Conference. Way to go John!
Kolanz, John A. “Clean Water Act Rule: Review of the Clean Water Act Jurisdictional Rule Considerations for Moving Forward .” The Water Report 160 (2017): 1-31. Www.NEBC.com. Web. 15 June 2017.
Otis, Bedingfield & Peters, LLC is proud to announce the promotion of attorney Brandy E. Natalzia to Senior Associate with the firm. “This promotion recognizes the outstanding contributions Brandy has made to the firm, her exemplary work, and her commitment to both the firm and her community,” says Senior Partner Fred L. Otis, Esq.
Brandy is a member of our business and transactions team. She graduated, cum laude, from Florida Coastal School of Law where she received Class Book Awards for her work on Trusts & Estates and Transactional Drafting. She received her Bachelor of Arts degree in communications, cum laude, from the University of North Florida in Jacksonville. Brandy is admitted to practice in Colorado and Florida.
She is a former judicial intern for the Honorable Jay Cohen of the Fifth Circuit Court of Appeals and the Honorable Marcia Morales Howard of the U.S. District Court for the Middle District of Florida. While in law school, Brandy served as the Managing Editor of the Florida Coastal Law Review and was the Chief Managing Editor of the Public Interest Research Bureau, a student organization committed to providing free legal research to underserved clients.
Brandy’s practice with the firm focuses on all areas of real estate and business transactions, including entity formation and contract drafting, review and negotiations.
At Otis, Bedingfield & Peters, LLC, we believe every client deserves the highest quality legal services from a law firm that is part of their community. We know we can’t be everything to everyone everywhere. That’s why we focus on providing only real estate law and business law services in the Northern Colorado region. Our commitment to real estate law and business law and our Northern Colorado community permeates everything we do. We value personal relationships, knowledge, integrity, trust and loyalty. Read More >>
Otis, Bedingfield & Peters, LLC
1812 56th Avenue, Greeley, Colorado 80634
Phone: (970) 330-6700 | Fax: (970) 330-2969
Phone: (970) 663-7300 | Fax: (970) 797-1399