Obtaining a rezoning of property to a commercial zoning district is just the first step in the planning process. Typically, before breaking ground, most new commercial developments or redevelopments must first go through the local government’s site planning process. While zoning considers big-picture questions like whether the property is suitable for commercial uses, site planning digs into specifics about the … Read the rest
Archives for 2020
State and local government entities have the ability to use eminent domain authority to force the sale of private property for public projects. See RSA Chapter 498 A. This process aids in the orderly planning and construction of new public infrastructure such as highway widenings. It also gives the landowner the ability to challenge the amount of compensation that … Read the rest
Is a deed’s language granting a “temporary” well easement enough to ensure that the easement is actually temporary? The New Hampshire Supreme Court determined it did not in its opinion in Arell v. Palmer, 2020 WL 6372951 (N.H. October 30, 2020).
Arell involved a dispute between owners of two neighboring residential properties. When the defendants bought their property, their … Read the rest
As chronicled in the A&E television show Storage Wars, it is common for modern-day treasure hunters to place bids on repossessed storage units in the hopes of making a (very large) profit. However, the bidders would probably think twice if purchasing the contents of the unit resulted in the buyer taking on the obligation to pay the former owners’ … Read the rest
1) Defining the Easement
Easement holders have the right to access or use another’s property for the purpose of the easement. These easement rights are considered non-possessory, as the ownership interest (referred to as the “fee title”) is still retained by the property owner. The property benefitting from the use of the easement is referred to as the “dominant estate”. … Read the rest
The advent of cloud-based computing and remote data storage has increased business efficiency and the ability to collaborate with colleagues. However, the reliance on third parties to host crucial and sensitive data can have ruinous consequences for the company if their IT host loses this data. This is especially so as many service contracts for hosting data include clauses limiting … Read the rest
The Estoppel-By-Deed Doctrine
The doctrine of estoppel-by-deed prevents sellers of real estate from later denying the existence and use of certain private easements referenced in a deed. The New Hampshire Supreme Court reiterated this doctrine earlier this year in Loeffler v. Bernier (March 31, 2020).
Deeds transferring real property include legal descriptions so all parties are clear on the … Read the rest
Effective July 1, 2020, a new option exists for appealing certain land use decisions involving questions of “housing” or “housing development.” The New Hampshire Housing Appeals Board is meant to provide a faster and more cost-effective route for appealing local zoning decisions than the superior court. The board is based in Concord, NH. Their jurisdiction and procedures are found in … Read the rest
Most people use easements in their daily life without ever thinking much about their legal right to do so – whether it’s using a long driveway to access a residence or flushing a toilet relies on underground pipes to connect to the municipal system.
However, the continuing validity of an easement depends on various legal doctrines get applied to the … Read the rest
What’s in a Deed?
The deed to a parcel of property may be the most important piece of paper someone holds. This is proof that they own their house, the land it sits on, and what that land includes. Yet many people aren’t quite sure what it all means.
Recording a deed or other document makes it public … Read the rest