March 1, 2021 is the deadline to challenge your 2020 real estate taxes.
Please keep in mind the deadline to challenge your 2020 real estate taxes is March 1, 2021. Your request for a refund must be postmarked by this date and addressed to the municipality in order for the municipality to grant you a refund. You can obtain a … Read the rest
New Hampshire Private Road Taxpayers Alliance (NHPVRTA) is a NH domestic nonprofit corporation which advocates for the rights of private road property owners. Private roads can be dirt, gravel or paved and can be found in the mountains, at beaches, lakes, and in cities and towns. Private roads can have a single residence, a few, or many residents as in … Read the rest
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
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, while also giving the landowner the ability to challenge the amount of compensation that the … 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 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 boundaries of 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, based in Concord, NH, is meant to provide a faster and more cost-effective route for appealing local zoning decisions than the superior court. The boards’ jurisdiction and procedures are found in RSA 679… Read the rest
On July 24, 2020, the New Hampshire Supreme Court overruled the trial court’s dismissal of a breach of contract lawsuit against Facebook, Inc. – the parent company of Instagram.
I) Trial Court Proceedings
The plaintiff in the case, Teatotaller, runs a bubble tea delivery service in Somersworth, N.H. Teatotaller initially filed a small claims case against Facebook based on an … 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 information
Recording a deed or other document makes it public … Read the rest
In a prior blog post, we discussed the application of grandfathering, or “nonconformity”, provisions to existing uses of property that are subsequently banned by the local government. Nonconformity provisions essentially allow the current use to continue indefinitely on the property, even though it does not conform to the new code requirements.
However, expanding nonconforming uses can be problematic. For example, … Read the rest
Landowners in New Hampshire have protections against local governments retroactively banning their lawfully existing use of property. These legal, non-conforming uses are considered “grandfathered,” and generally are allowed to continue indefinitely despite not conforming to newly enacted zoning requirements.
In the zoning and land use context, grandfathered uses are those that existed prior to a change in zoning. Most local … Read the rest
New Hampshire’s Right-to-Know law, RSA Chapter 91-A, is a powerful tool in requiring transparency in governmental decision-making. The law requires the government to conduct public business in meetings that are open to the public to encourage accountability and transparent decision-making.
The Right-to-Know … Read the rest
Property owners and triple net tenants may challenge their New Hampshire real estate taxes when the assessed value of their property is disproportionately higher than the assessed values of other properties in the municipality. The applicable statute, RSA 76:16, requires taxpayers to certify a good faith … Read the rest
Alfano Law attorney, John Hayes, successfully challenged a provision of the tax-deeding statute that permitted municipalities to profit from the sale of tax-deeded properties. While the tax deeding statute required municipalities to distribute profit to former owners if they sold the property within three years, the law does not require municipalities to sell tax-deeded properties within that time-frame.
In the … Read the rest
There are two elements at play, restricting a landlord’s ability to evict a tenant at this time. The first are the governor’s Emergency Order #4 and #24. EO #4 prohibits any evictions to be started or enforced after March 17, 2020. EO #24 lightens the restrictions a little, by exempting proceedings that would be initiated because a tenant is causing … Read the rest
In response to the COVID-19 outbreak, municipalities have limited their operations generally, which affect their ability to approve building permits and construction inspections within the normal timelines. Governor Sununu passed Emergency Order 23 to “keep New Hampshire construction projects, vital to the economy, active and progressing during these extraordinary times.” The order allows for a temporary modification of municipal and … Read the rest
With New Hampshire Governor Sununu’s Emergency Order #17 announcing closure of all “non-essential” businesses, many individuals and businesses confront contractual obligations they may not be able to fulfill. Some contracts attempt to address unforeseen circumstances with force majeure clauses, which is French for a “superior” or “irresistible” power. The term is used in the legal system to refer to natural … Read the rest
With New Hampshire Governor Sununu’s Emergency Order #17 announcing closure of all “non-essential” businesses, many individuals and businesses confront contractual obligations they may not be able to fulfill. Some contracts attempt to address unforeseen circumstances with force majeure clauses, which is French for a “superior” or “irresistible” power. The term is used in the legal system to refer to … Read the rest
With today’s Executive Order #17 of closure of non-essential businesses and requiring citizens to stay at home as of 12:59 pm. We wanted to pass along what to do if you are unsure if your business was listed as an essential business.
Click here to see Executive Order #17
Click here to see the list of essential businesses.
If the … Read the rest
On March 16, 2020, in response to the emergency orders issued by the Governor relating to attempts to reduce the infection rate from the Covid-19 virus, the New Hampshire Supreme Court, cancelled all trials and hearings that require people to appear at the courthouses in New Hampshire. The New Hampshire Supreme Court is the Court that has the responsibility … Read the rest
Due to rising concerns around COVID-19, many of the state’s registries of deeds are taking precautions to limit the potential exposure of their employees and the public by closing their doors to public. However, all registries are still accepting E-Recording documents and regular US mail. Most are still also accepting FedEx and UPS deliveries as well. Below is a list … Read the rest
Everything you need to know about navigating public and private road laws in New Hampshire.