You probably think there should be a difference between private roads and easements. Right?? After all, an easement is a section of property that allows people other than the landowner to access another piece of property. A private road leads people to a home or at least a piece of property off of the main road. So, why is it … Read the rest
Environmental issues are everywhere. Hazards like heavy metals, oil, gasoline, chemicals in drinking water, and so much more can be found on properties all over the state of New Hampshire. These environmental hazards lead property owners to wonder who is responsible for the environmental clean-up. Many are shocked to learn they are the ones footing the bill.
Contaminants in Water… Read the rest
Have you taken the time to set up your estate plan? If you said yes, congrats! If you haven’t done this yet, there’s no time like the present. In case you are not aware, an estate plan is basically a legal document that states what happens when you either become ill and incapacitated or after your death. We understand this … Read the rest
An easement is a piece of land that people, other than the property owner, have permission to use to get to another piece of property. Most of the time, easements are used to reach a beach area or a piece of property that doesn’t have a road or driveway leading to it. Easements are usually created and listed on the … Read the rest
Memorial Day has come and gone and now the summer months are here. That means you will have ample opportunities to spend time outside and at your summer home. Whether you own a lake house, beach house, or a cabin in the woods, we want to make sure you enjoy every minute of your time there. After all, you work … Read the rest
Did you know when you list a person as the executor of your estate, that person does not automatically get the job? The probate court must appoint that person as executor before they can handle your affairs. This shouldn’t stop you from nominating a person as your executor though. Most of the time, the person you nominate will be the … Read the rest
Creating a revocable trust is something everyone should do, especially as they get older. After all, you can’t guess what the future brings. And that means you won’t have a specific date for when you might not be able to handle things on your own. While it used to be difficult to keep up with the different laws pertaining to … Read the rest
When a person begins to describe property, they might be a little leery to talk about anything other than land or a home. However, property is basically anything that is owned by a person or even a company. So, you are talking about cars, clothes, and even pets in addition to any real estate. All of those things can be … Read the rest
Throughout your life, you have probably heard a few common legal terms thrown about in conversation. You may have also heard these words used in the news, during your favorite television shows, or even while watching a movie. Understanding legal jargon can be difficult if you do not hear it all of the time. We want you to understand some … Read the rest
In a memorandum opinion dated March 16, 2022, the New Hampshire Supreme Court (the “Court”) issued a ruling in favor of a Plaintiff landowner against the Town of Raymond (the “Town”) concerning the applicability of a road maintenance release.
The agreement at issue was originally entered into in June 1988, when the previous landowner sought to obtain a building … Read the rest
In the state of New Hampshire, Real Estate Transfer Tax, or RETT, is paid by both the buyer and seller. This transfer tax is required for most typical transactions when the ownership of a property is transferred to the new owner. The current tax amount is $0.75 for every $100 of the sale price of the property. This amount is … Read the rest
Have you been searching for that perfect home or piece of property? If you said yes, we are sure you have numerous questions going through your head right now. You may also be filled with excitement and unaware that you may be missing a key component, as you check out each property. One of the biggest mistakes we see people … Read the rest
Historical events and the state of New Hampshire seem to go hand in hand. This state was one of the original thirteen colonies. So much history has been created in NH, including the state being one of the first to establish a state constitution. A few of the more prominent events in New Hampshire include the American Revolution, the patent … Read the rest
Normally, an emergency lane of a road is the small lane outside of the outer lane. Emergency lanes are usually not that wide, which is why many people refer to those lanes as the shoulder of the road. However, in the state of New Hampshire, actual roads can be designated as emergency lanes if the situation is warranted. So, what … Read the rest
Taking the time to create an estate plan is an excellent way to ensure you, and your heirs, are taken care of in the future. However, how can you be sure you are choosing an attorney who has your best interests in mind? There are three things we recommend looking for when you are searching for an estate planning attorney. … Read the rest
Too many people seem to think that since they have a mortgage on their home, they do not need to go through the hassle of creating an estate plan. After all, that seems to be the easiest way, because it doesn’t take any time. However, there are numerous reasons why not having an estate plan is a bad idea. And … Read the rest
When you purchase a home, one of the first things you hope for are good neighbors. You know… The neighbors you can count on to grab your child off of the bus when you are running late. Or a neighbor who is happy to give you a cup of sugar when you discover you’re out in the middle of making … Read the rest
If you are a homeowner, you know you have a title to the property you own. Deeds and plans are some of the documents that can be used to prove your ownership of the property. A person can easily complete a title search to learn who owns which properties in the state of New Hampshire. You can even do a … Read the rest
Private roads can be simple to maintain when only one person utilizes that road. However, what happens when a dozen different property owners live on a private road? Who is responsible for maintaining the road? Who pays for snow removal and repairs? All of these questions are why private road maintenance agreements are necessary in these situations. They alleviate the … Read the rest
Eminent domain… This is a phrase many homeowners have heard about and yet hope they never need to experience it firsthand. However, more homeowners, and landowners, are finding that small portions of their land is being used as eminent domain. If you have never heard this phrase before, eminent domain is when the government takes private property and uses it … Read the rest
Summer cottages are popular in the state of New Hampshire, as well as many other states. While you may go to visit yours during the summer months, did you ever think of what would happen if you were to try to get there during the winter? Many of these summer cottages are located on Class V highways. And while those … Read the rest
We have spent quite a bit of time in the past sharing how nonconforming provisions have been made for numerous properties in the state of New Hampshire. Those provisions basically allow certain properties to function as they always have. This is despite the fact that those properties do not meet all of the current local code requirements.
While expanding … Read the rest
The Right-to-Know law in the state of New Hampshire is powerful. This law ensures that all government decision making is transparent. It also ensures that all public business is conducted in meetings that are open to the public. This helps with not only transparency, but also accountability.
Since the Right-to-Know law applies to all public bodies, you would think … Read the rest
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. … Read the rest
In recent years, the New Hampshire Supreme Court has made decisions regarding numerous concerns about easements. There had been questions as to whether easements could be extended to adjoining properties. Those questions then turned into concerns over who was responsible for the actual maintenance of the easements.
Easement Accessibility by Adjoining Properties
Normally, easements cannot be used for … Read the rest