The internet is changing all aspects of life, including travel. While the vast majority of travelers traditionally stayed in hotels or motels when visiting from out of town, many travelers now look to short-term rentals—like those advertised on websites like Airbnb, VRBO, and Homeaway—for lodging. However, thanks to a recent Supreme Court decision, … [Read more...]
What is the Difference Between a Private Road and an Easement?
An access easement is a right to pass over someone else's property for - you guessed it - access. Other types of easements exist that are not for access, such as an easement to place and operate a cell tower on someone's land. A private road also provides access to one's land. Generally, only a limited number of people may use an access … [Read more...]
Good Fences Make Good Neighbors
Lots of homeowners put fences around their properties, for many different reasons. Some want to keep pets and children contained, others want privacy, and others want to keep trespassers off their property. But where exactly do these fences get built? Most common is a few feet away from the property line. Ownership, and therefore responsibility of … [Read more...]
More Than Books and Dorm Room Decorations Are Needed Before Leaving For College
Okay, so, you are feeling good about yourself, as a parent, because you got your “child” all the way through high school and got a college or university to take him or her for another four years. In fact, you even might have had not an entirely tortuous time with your “child,” heading out and picking up bedding and other things to get the dorm … [Read more...]
Private Road Maintenance and Highway to Summer Cottages Bills Become Law
Two important road bills became law this session. One imposes an obligation on certain parties to contribute toward maintenance of private roads. The other allows municipalities to extend the “winter” period for highways to summer cottages. Private road maintenance The private road maintenance law began as SB 39 and finished as Chapter 308, … [Read more...]
Preventing Stormwater Damage: The Purpose of Ponds in Developments
Residential and commercial land development comes with an entire slew of potential issues, not the least of which is stormwater runoff and potential damaging effects. Local, state, and federal regulations impose requirements on developers to plan for stormwater runoff when constructing developments to prevent future damage to structures, land, and … [Read more...]
Who is Responsible for This Mess? – PFA, PFOA, and Other Environmental Clean Up
Water and ground pollution are being discussed everywhere as more research is done discovering the harmful effects of certain commonly used chemicals. Here in New Hampshire, the Department of Environmental Services (DES) is working to implement new, lower, allowable levels of certain perfluoro-chemicals in drinking water. The rule making proposal … [Read more...]
Alfano Law Office Mission Statement
Several months ago, a few of us at Alfano Law Office noticed the frequency with which our office fights municipalities to protect property rights. Property rights are more than just things in your home or office. They include the right to use and develop land, the right to be paid full market value should the government take your property through … [Read more...]
Summer Property Checklist
School is out, Memorial Day is over, and summer is here. With that comes lake houses, beach house, and cabins in the woods. Some of these properties are closed down for the winter and not visited for many months. Aside from de-winterizing, deep cleaning, and re-stocking the refrigerator what should you be doing to open your second home? Walk … [Read more...]
Homestead v. Mortgages – Who Wins?
Homestead is a right to occupy one's primary residence. Homestead also has a set value of $120,000, which comes into play when creditors circle the waters. Each person has a homestead in the amount of $120,000; therefore, for married couples, each spouse has a $120,000 homestead. The homestead right is exempt from attachment by creditors, … [Read more...]
Stop Lying to Yourself Get Your Will and Estate Plan Created Today
Everyday, in some way, each of us begins each new day by lying to ourselves that nothing “bad” will happen to us today. It’s like it's part of our human nature. We know that people are involved in accidents every day that end their lives or incapacitate them; that’s just it, we tell ourselves that it will happen to someone else – not us. However, … [Read more...]
Two Road Bills Being Considered in Concord
The General Court is considering two bills of note dealing with roads this year. One bill would affect the non-maintenance period for highways to summer cottages, and the other is a renewed effort to impose maintenance obligations on owners of residential property on private roads. Highways to Summer Cottages Municipalities are exempt from … [Read more...]
Remember to Review Your Estate Plan and the Events That Should Remind You To Do It
Great, you created your estate plan; and by getting crucial documents drafted and signed, you are ahead of most people in planning for your future. An estate plan is not a “set it and forget it” type of thing. The only thing worse than not having an estate plan, is to have one that does not match the person’s goals and wishes. Just as your goals … [Read more...]
How Northern Pass Appeal of State Citing Decision Works
On May 15, 2019, the New Hampshire Supreme Court will hear oral arguments in the appeal of Northern Pass. The New Hampshire Site Evaluation Committee (“SEC”) denied the application to build the 192-mile electric transmission line across the state from the Canadian border down to the Massachusetts border in February, 2018. Each side will get 50 … [Read more...]
Construction and Permission: The Importance of Obtaining Land Use Permits Prior to Building
In New Hampshire and other states around the U.S., state law requires that individuals obtain permission from local and/or state/federal agencies prior to construction of new or renovated structures. These permissions depend on the type of construction sought, and can range from local planning and zoning approvals (such as building permits, … [Read more...]
Choosing the Right Person to be the Executor of Your Estate
First and foremost, just because you have been named in someone’s Will as the Executor of their Estate does not mean that you are automatically the Executor as soon as that person has died. Being named in someone’s Will as their Executor only means that you have been nominated. The probate court must appoint you as the Executor before you have … [Read more...]
Highways to Summer Cottages – A Primer
For certain Class V highways providing access to seasonal residences, municipalities may elect not to maintain those roads during the winter, which is defined as December 10 to April 10. (More on these dates in a moment.) Since 1989, municipalities may make this election in one of two ways: 1) via the lay out process for any proposed new road or … [Read more...]
Are Customers of Extended Stay Hotels Tenants?
Apparently not. The question is important because New Hampshire tenants have statutory protections against forced removal not available to hotel guests. The New Hampshire Supreme Court addressed this question on March 8, 2019 in the matter of Natalie Anderson v. Adam Robitaille. Ms. Anderson and her husband began residing at an extended stay … [Read more...]
The Benefits of a Revocable Trust
Of all that has been written and discussed about what a revocable trust is and is not and how tax laws have changed to make revocable trusts applicable to more people, there is still more to be stated about how a revocable trust, under New Hampshire’s laws, can benefit you and your family. In a discussion of how a revocable trust can benefit … [Read more...]
The Neighbor from Hell
A True Story from Fitzwilliam, NH In 2012, Lorraine and Peter MacDonald purchased a vacation home by the water in Fitzwilliam, New Hampshire - an "idyllic" spot. Unbeknownst to them, hell lay just around the corner. As reported in the recent New Hampshire Supreme Court decision of MacDonald et al. v Jacobs (January 15, 2019), one Lisa Jacobs … [Read more...]
What is Property?
Property is anything that is owned by a person or company. It can be bought, sold, traded, stolen, or destroyed. Property can be owned by a single person, or jointly between two or more people. Tangible items such as a car, books, clothes, DVDs, or that collection of weird looking clowns are considered personal property. Real estate or real … [Read more...]
The Hermit and the Deed (No Good Deed Goes Unpunished)
Perley E. Swett was a well-known hermit who lived in Stoddard, NH. He passed away in 1973. During his life, various people appear to have helped him out, one being a gentleman named Quentin H. White. Beginning in 1968, Mr. White visited Mr. Swett regularly, delivered groceries, handled bank transaction, and took Mr. Swett to visit his … [Read more...]
Lost in Legal Lingo? Our Top 3 Legal Terms in Popular TV and Movies, Explained
Law and legal television programs and movies have long been a favorite with American viewers. From shows like Law and Order to blockbuster hits like Double Jeopardy, legal jargon has been a long-standing staple in entertainment—often at the confusion of viewers. Here’s a list and explanation of our top 3 legal terms in popular TV and movies to help … [Read more...]
What is an Emergency Lane?
Both Class V and Class VI roads are public roads, meaning the entire traveling public have the right to use them. The big difference between the two is that municipalities have the obligation to maintain Class V roads, but not Class VI roads. Maintenance can be expensive, so municipalities often try to keep the number of Class V roads to a … [Read more...]
Technology and Crime: How New Advancements are Changing the Nature of Evidence
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...]