If you tolerate a few members of the general public to cross your land for twenty years, you may have opened the door to the entire general public crossing your land. The legal theory is called a “public easement.” A desire to access lakes and public recreational land are ripe situations for the creation of these types of rights. Prior to … [Read more...]
Archives for August 2018
Estate Planning Lessens the Burden on Your Family
Assets are not just about houses and large bank accounts. Cars, clothing, books, and other personal property are all assets that become part of an estate when someone dies. Surviving family members cannot just immediately clean out and sell a house. It is impossible to predict when something will happen to us or a loved one and that is why estate … [Read more...]
“Ain’t No Way” To Resolve Without Probate- Aretha Franklin’s Intestate Estate
Aretha Franklin was undoubtedly one of the most influential American songstresses in recent memories, with more than 112 charted singled on the Billboard music charts. At the time of her passing on August 16, 2018, Aretha Franklin reportedly had a net worth of $80 million. However, despite her sizable fortune, Ms. Franklin passed without a will or … [Read more...]
“Fundamentally Flawed”- Federal Court Judge Holds New Hampshire’s Absentee-Ballot Signature Match Requirement Unconstitutional
Like all states, New Hampshire permits voters who are unable or unwilling to attend official polling stations the option of casting absentee ballots in state and federal elections. Absentee ballots are regulated by several statutes, and ultimately overseen by the New Hampshire Secretary of State. One recent case challenged the process on how … [Read more...]
Why a High Cap Rate Means Higher Risk
The capitalization rate, or cap rate, represents the rate of return on an income-producing property when applied against the purchase price. One could say, therefore, a high cap rate is a “good” thing. If so, then why does a high cap rate mean a higher risk investment? The cap rate is calculated by dividing the net operating income by the … [Read more...]
Sales Taxes on Internet Sales to New Hampshire Residents
One of the ways that New Hampshire distinguishes itself from other states is that we do not have a general sales tax. This is part of the “New Hampshire Advantage.” There has been a great deal of attention to the issue of sales taxes on internet sales with the recent U.S. Supreme Court ruling in South Dakota v. Wayfair, Inc. This was followed by … [Read more...]