Technological advancements are one of the greatest marks of modern global and American cultures. As the decades progress, technology continues to become more sophisticated and accessible to the average consumer and has become a hallmark of twenty-first century life. But how far does technology actually reach into our daily lives? In the context … [Read more...]
Buyer Beware – Confirm Your Boundary Lines Before You Purchase
So, you’re buying a house. You probably get an inspection done on the house as part of the approval process for your mortgage. But do you think about the boundary lines of the property? Maybe the seller tells you the line is at a tree, or a fence. Maybe you don’t even discuss the boundary lines at all. Then how do you know what you are buying? You … [Read more...]
Maintaining Our New Hampshire History: Historic Building Designations
New Hampshire was one of the original thirteen colonies of the United States, and the first state to establish its own state constitution. Since its inception in 1776, New Hampshire has been a center of many historical events, through the Industrial Revolution right to present day. One of the many remnants of New Hampshire’s rich history is … [Read more...]
How to Choose an Estate Planning Attorney
What to Consider When Looking for an Estate Planning Attorney Comfort You need to feel comfortable with the attorney who, ideally, needs to get to know you well enough for you to tell them not just about the successes in your life and where things have gone according to your plan, but also about when things haven not happened according to your … [Read more...]
Interest Rate Reduction – Good News for Taxpayers
Effective the tax year beginning April 1, 2019, the amount of interest taxpayers must pay on real estate tax not paid within thirty days after bills are made drops to 8% from the current rate of 12%. The interest rate on properties subject to a tax lien drop to 14% from 18%. This is good news for taxpayers, and long overdue. Despite the … [Read more...]
New Hampshire Won’t Tax You to Death for Putting Real Estate into Your Revocable Trust
When New Hampshire real estate is sold in a typical transaction and ownership is transferred to the buyer, the seller has to pay Real Estate Transfer Tax (“RETT”) and the buyer also has to pay RETT. If you have sold or bought real estate in New Hampshire, it is likely that you paid your one-half share of thousands of dollars of RETT. Under Chapter … [Read more...]
New Hampshire Superior Court Strikes Down Use of Restrictive Voter Registration Process in Upcoming Elections
On Monday, Superior Court Justice Kenneth C. Brown granted a temporary injunction preventing the State of New Hampshire from imposing new voter registration forms in the upcoming 2018 election. In 2017, several Republican New Hampshire senators sponsored SB3 (“SB3”), a bill amending New Hampshire’s voter registration process to include stricter … [Read more...]
A Mortgage is No Excuse to Be Without an Estate Plan
There are many benefits to having a properly drafted estate plan, such as knowing that your family’s finances will not be frozen by the mandatory probate administration process and can make sure that your assets go to the people you want them to go to – instead of getting distributed according to state law for when a person dies without an estate … [Read more...]
Neighborly Tricks: Our Top Three Legal Shenanigans of Neighbors
As Halloween approaches, many minds turn to autumn themes—pumpkins, parties, and, of course, trick or treating with neighbors. But neighborly tricks aren’t exclusive to Halloween or children; in fact, some of the most complex neighborly hijinks are committed by adults and invite legal intervention rather than innocent mischief. Here’s our list of … [Read more...]
Owning Property Together
Many people own a house jointly with their spouse - or partner, friend, or family - often as joint tenants with rights of survivorship (“JTROS”). This means the couple owns the house together equally, and if one of them dies the other retains full ownership automatically. The default in NH is to own property as “tenants in common” meaning each … [Read more...]
Cut from the Trust!
When leaving a gift to a child in a will, people often want the gift to pass to the child’s children should the child die before the grantor. In fact, New Hampshire has a statute stating that if a child is not mentioned in a will, and the child is not expressly excluded from the will, then that child receives whatever gift he or she would have … [Read more...]
Hey – Who Are These People? (Public Easements by Prescription)
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...]
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...]
Private Road Maintenance – Live Free or Die in Action!
For the third year in a row, a bill (SB 401) was introduced in New Hampshire to require owners of residential real estate on private roads to contribute toward the maintenance of the road. For the third year in a row, the bill failed. The effort has been led by realtors, who point out Fannie Mae will not buy loans secured by houses on private … [Read more...]
Airbnb – Permitted or Prohibited?
In recent years, the tourism industry has seen the rise of internet-based, short-term rental by owner sites and apps, such as Airbnb and VRBO. These short-term rental options allow property owners and tenants (when permitted under certain circumstances) to directly lease or rent their property on a short-term basis to interested lessees; and … [Read more...]
N.H. SUPREME COURT RULES THAT STATUTE ALLOWS A WINDFALL TO MUNICIPALITIES FOR TAX SALES BEYOND THREE YEARS FROM TAX DEED
In the case of Polonsky v. Town of Bedford, decided on June 28, 2018, the N.H. Supreme Court considered the interpretation of amendments to the alternative lien procedures statutes found in RSA 80:88-91. These statutes were enacted in response to Thomas Tool v. Croydon, 145 N.H. 218 (2000), in which the Court held that it was unconstitutional for … [Read more...]
Celebrating Summer: What Fireworks Are Legal on Your Land?
Summer in New Hampshire is synonymous to some residents with bonfires, camping, and—of course—fireworks. For years, New Hampshire has been the most liberal state in the Northeast with regards to access of residents and visitors to fireworks. But what “fireworks” are permitted for use on New Hampshire properties according to the law? And under what … [Read more...]
Construction Contract without Plans and Specs? Bad Idea.
A couple had a rent-to-own agreement with a third party for a house, pursuant to which they had accumulated some equity. They agreed to relinquish that agreement, forgo their equity, and help a licensed realtor, Michael Fowler, purchase the house, which he did. The couple also entered into an oral agreement with Fowler for him to build them a new … [Read more...]
SUPREME COURT ABOLISHES LIMITS TO SALES TAXES ON INTERNET SALES
On June 21, 2018 the U.S. Supreme Court decided South Dakota v. Wayfair, Inc. creating a paradigm shift in the way in which state sales taxes will be collected by remote retailers. In a 5-4 decision, in a majority opinion written by Justice Anthony Kennedy, the Court overruled the physical presence rule which prevented a state from imposing an … [Read more...]
Are You Required to Give Financial Statements to Your Municipality?
In the context of real estate tax assessments in New Hampshire, the answer is “No.” We have seen tax assessors in some municipalities, such as Portsmouth, request income and expense information from at least some commercial landlords. Owners turn the information over, likely under the assumption they are required to do so. In fact, this … [Read more...]
A Brief Overview of Land Use Appeals
Local land use boards, such as zoning boards and planning boards, issue decisions on applications—such as site plan applications, subdivision applications, variances, and special exceptions—based on the information presented by the applicant(s) and considered in accordance with state law and local ordinance provisions. Boards may reject or deny … [Read more...]