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Implied Easements In New Hampshire – The Estoppel-By-Deed Doctrine

The Estoppel-By-Deed Doctrine

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 … Read the rest

Filed Under: Property Investments, Real Estate Law Tagged With: easements, estoppel-by-deed, implied easements

New Hampshire Housing Appeals Board Primer

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 is meant to provide a faster and more cost-effective route for appealing local zoning decisions than the superior court. The board is based in Concord, NH. Their jurisdiction and procedures are found in … Read the rest

Filed Under: General, Real Estate Law

Common Ways to Terminate an Easement

executor of estate, revocable trust, estate plan, estate planning, registry

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

Filed Under: General, Real Estate Law Tagged With: easements

NH Supreme Court Holds Municipal Technical Review Group is not a Public Body Subject to Right-to-Know Law

housing appeals board, right to know

NH Supreme Court Holds Municipal Technical Review Group is not a Public Body Subject to Right-to-Know Law

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. This encourages accountability and transparent decision-making.

The Right-to-Know … Read the rest

Filed Under: Court Updates, Legislation Tagged With: planning and zoning, right-to-know law, RSA 91-A, technical review group

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