Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Real Estate Attorney
    • John F. Hayes, Attorney
    • Terrie Harman, Attorney
    • Jim Soucy, Attorney
    • Michael D. Cameron, Attorney
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates
You are here: Home / General / A Few Things to Know About Lot Consolidation in New Hampshire

A Few Things to Know About Lot Consolidation in New Hampshire

For years, multiple property owners in the state of New Hampshire have purchased adjoining lots. They loved the idea that they owned two or more lots, especially if they chose to have family use one in the future or sell one. However, in recent years, problems have occurred since some of those lots were merged without the property owners’ knowledge. 

 

Sutton v. Gilford

 

Back in 2010, the case of Sutton v. Gilford was in court. The court ruled that the Gilford ordinance that requires the merger of contiguous nonconforming lots that had the same owner could be upheld. The non-conformity of the properties could only relate to frontage, dimension, and size. And the mergers that were completed could only include lots that would make the merged lots conforming. 

 

Thankfully, any lots that had houses, or other pre-existing principal uses, were exempt from these mergers. But those lots without any structures could be merged with a lot that did. Other exemptions included any lots in approved subdivisions that were protected by RSA 674:39. 

 

Some property owners were aware of the Gilford ordinance. Those owners chose to have titles to any adjoining lots they owned that were nonconforming in different names. This was called “checker boarding” and prevented the lots from being merged. 

 

Assessors find themselves within an interesting dynamic when assessing properties that fall under these ordinances. Two contiguous nonconforming lots are almost always going to be worth more than one larger conforming lot. Within the Sutton case, the municipal appraiser did recommend the lots stay separate. 

 

Merging Pre-Existing Parcels

 

Significant changes were made to RSA 674:39 by the New Hampshire Supreme Court after the Sutton case in 2010. The legislature decided that property owners could not have their lots merged without their consent. According to the current statute, “No city, town, county, or village district may merge preexisting subdivided lots or parcels except upon the consent of the owner”. The effective date of that statute was September 18, 2010.

 

However, not all areas of New Hampshire are following this new statute. Many are currently only limiting mergers on properties acquired after the date mentioned above. House Bill 352 was proposed for approval shortly after the new statute. 

 

HB 352 would have added the following to the new statute:

 

“Lots or parcels that were merged prior to September 18, 2010 by a city, town, county, village district, or any other municipality without the express consent of the owner, shall at the request of the owner, be restored to the premerger status and all zoning and tax maps shall be updated to identify the premerger boundaries of said lots or parcels as recorded at the appropriate registry of deeds.”

 

House Bill 352 did not pass and even if it had, so many questions would still be in place. The courts would still need to know on what date would a merger actually occur, and how a person could successfully show evidence of a merger. 

We understand the struggles some property owners are experiencing with lot consolidations. If you have any questions about property you own, contact us today to schedule a consultation.

Filed Under: General, Real Estate Law

The above information is for informational purposes only and does not constitute legal advice.

Important Registry Updates
Important Court Updates

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.
Allobar Strategies

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates

NH Real Estate Law Articles

  • Common Neighborly Legal Issues
  • Court Updates
  • Covid-19
  • Estate Planning
  • General
  • Historic Designation
  • Legal Terms
  • Legislation
    • Business Law
  • New Hampshire Property Tax Alerts
  • Private Road Maintenance
  • Private Roads
  • Property
  • Property Investments
  • Property Rights
  • Property Tax Law
  • Quieting Title
  • Real Estate Law
  • Revocable Trust
  • Road Law
  • Tax Abatement
  • Taxes
  • Zoning Boards of Adjustments

Recent Articles

Benefits of Creating a Revocable Trust

Creating a revocable trust is something everyone should do, … [Read More...]

Understanding What Property Really Is

When a person begins to describe the property, they might be … [Read More...]

Top Legal Terms Explained

Throughout your life, you have probably heard a few common … [Read More...]

New Hampshire Supreme Court Interprets Road Maintenance Release

In a memorandum opinion dated March 16, 2022, the New … [Read More...]

Article Archives

  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • October 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • June 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • September 2014
  • August 2014
  • June 2013
  • February 2012
  • December 2011
  • May 2011
  • July 2010
  • December 2005
  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2022 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC