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...]
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...]