In previous blogs, we addressed the difference between a private road and an easement, New Hampshire’s new law mandating residential private road maintenance in certain situations and what private road maintenance agreements should include. While having an agreement is an important step, creating an association can greatly simplify the … [Read more...]
Private Road Maintenance Agreements – What Should They Include?
You live on a private road. It snows. Now what? If you do not have a private road maintenance agreement, New Hampshire law requires each residential owner to “contribute equitably to the reasonable cost of maintaining the private road.” Easier said than done. Figuring out each person’s equitable share, and then chasing people for payment, … [Read more...]
Splitting the Baby – Real Estate Partitions
When presented with certain types of disputes, a court can partition real estate physically or equitably. For example, a physical partition of a ten-acre lot could give five acres to each party. A court deploys an equitable partition when physical partition is impractical or unfair. An equitable partition essentially is a court-ordered and … [Read more...]
Quieting Title- What is Is, and When It’s Necessary
Most Americans are familiar with the concept of title to real estate, or the evidentiary documents—usually comprised of deeds and/or plans—that serves to prove ownership. Title searches and title insurance are somewhat standard accessories of real estate transactions in New Hampshire. Title searches look through the history of ownership of a … [Read more...]
Alfano Attends Virginia Property Rights Conference
Last month, Paul Alfano attended the William and Mary Law School’s 16th annual Property Rights Conference in Williamsburg, VA. Some of the top property professors in the country participated in panel discussions, including Stephen J. Early, winner of this year’s Brigham-Kanner Property Rights Prize, and prior winners of the prize, Professor … [Read more...]
Alfano Talks Roads at the New Hampshire Land Surveyors’ Annual Meeting
The New Hampshire Land Surveyors’ Association celebrated their 50th anniversary with a packed annual meeting held in Concord earlier this month. Paul Alfano gave a presentation showing land surveyors how they can determine who owns the fee “underneath” a road. Road ownership often is irrelevant until a road is discontinued, or if it never is … [Read more...]
Ski Lift Tickets- Soon to be Taxed?
As winter approaches, many New Hampshire residents and visitors are beginning to dust off their winter sports gear and head for the slopes. But could slope-seekers soon be facing a tax on their favorite winter activities? State Representative Craig Thompson (D- District 14) has recently declared his desire to introduce legislation imposing a tax … [Read more...]
Town Meeting Will Be Held as Scheduled – Unless Bad Weather or Emergency Strikes
New Hampshire’s oldest form of town government, the town meeting, has been relatively consistent and unchanged through the generations as to when this annual event is held. RSA 39:1 requires town meeting to be held annually on the second Tuesday of March, or in accordance with RSA 40:13 (providing an optional form of town meeting as official ballot … [Read more...]
Five Things You Need to Know About Private Roads
What is a private road? A private road is a road over which a limited number of people have the right to pass. In contrast, public roads are roads over which the entire travelling public have the right to pass. Private roads often are created with a written easement, but they also can be created without a written easement. For example, recording … [Read more...]
Affirmed: Airbnb’s Not Permitted in Portsmouth District
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...]