New Hampshire Supreme Court Mostly Affirms Enforcement of Ordinance That Prohibits Short-Term Rentals of Properties Unless Owner Occupied and Operated
The New Hampshire Supreme Court (“Supreme Court”) recently addressed an appeal of a local ordinance that prohibited short-term rentals of residential properties unless they were owner occupied and operated. In effect, the decision upholds local authority to restrict vacation-home rentals … Read the rest
New Hampshire Supreme Court Finds Plaintiffs Timely Perfected Appeal Despite Zoning Board Delay in Issuing Written Decision
The Supreme Court of New Hampshire (the “Supreme Court”) recently addressed a unique case where the Town of Sunapee’s zoning board failed to issue a written decision denying a variance request until after it had already held and ruled on a motion for … Read the rest
A three-justice panel of the New Hampshire Supreme Court (the “Court”) recently affirmed lower court decisions that upheld a declaratory judgment in favor of Wells Fargo as to ownership of a foreclosed property, which the defendant and intervenors tried to prevent from being transferred through a last-minute, no-consideration conveyance and a series of litigious acts. In Wells Fargo Bank, N.A. … Read the rest
Private Roads in NH Series – Part II
What Terms Should Your Private Road Maintenance Agreement Include?
When creating a private road maintenance agreement in New Hampshire, it is essential to include specific terms to ensure clarity while addressing the rights and obligations of the parties involved. Here are some important terms that should be considered when creating such an … Read the rest
A three-justice panel of the New Hampshire Supreme Court (the “Court”) recently issued a non-precedential order resolving a dispute between adjacent property as to ownership and easement rights of a strip of land labeled driveway and passway on the deeds and property plans. In Spear v. Waite, No. 2022-0063 (N.H. Aug. 24, 2023) (non-precedential), the panel affirmed lower court … Read the rest
The Supreme Court of New Hampshire (the “Court”) recently interpreted its homestead exemption law in response to certified questions posed by the New Hampshire federal court in a bankruptcy case. In Brady v. Sumski, No. 2023-0023, (N.H. Aug. 17, 2023), the Court concluded that a spouse who occupies but has no ownership interest in a property cannot claim a … Read the rest
The Supreme Court of New Hampshire (the “Court”) recently addressed the standards for a municipality to comply with the state’s Right-to-Know Law in a case where a member of the public sought property-tax abatement records from the City of Nashua’s Assessing Department. In Ortolano v. City of Nashua, No. 2022-0237 (N.H. Aug. 18, 2023), the Court ordered the City … Read the rest
There are quite a few taxes that come up in the field of estate planning: Estate Tax, Gift Tax, Inheritance Tax, Income Tax, Capital Gains Tax, and Generation-skipping Transfer Tax to name a few. Don’t understand these taxes and how they fit into your estate plan? Don’t worry, we do. We will discuss Estate Tax, Gift Tax, and Capital Gains … Read the rest
Private Roads in NH Series – Part I
Do you need a private road maintenance agreement?
Private roads, while essential, can pose all sorts of problems for residential property owners and developers. Perhaps the most significant problem facing any private road is the absence of municipal maintenance, which then begs the question: who is responsible for maintaining the private road? … Read the rest
The New Hampshire Supreme Court recently upheld rulings against a Laconia resident who was using real property as an illegal junkyard. The case, City of Laconia v. Kjellander, provides important lessons for municipalities seeking to enforce their zoning regulations against the record owners of unkempt properties.
The defendant, Robert Kjellander, owned two lots in Laconia where … Read the rest
In an August 3, 2023, opinion, the New Hampshire Supreme Court (the “Court”), affirmed a superior court order dismissing a lawsuit filed by AZNH Revocable Trust and John and Susan Sullivan (“Plaintiffs”) against the Spinnaker Cove Yacht Club Association (the “Association”), concerning the Association’s ability to purchase additional land.
The underlying controversy arose in April 2021, when the Association’s Board … Read the rest
The New Hampshire Supreme Court (the “Court”) recently upheld a Housing Authority Board (“HAB”) decision approving a variance request that had been denied by the Town of Derry’s Zoning Board of Adjustment (“ZBA”). In doing so, the Court reiterated the appropriate standards that both the ZBA and the HAB should apply in considering variance requests.
In late 2021, the owners … Read the rest
What is Probate?
Probate is the court-supervised legal process by which a decedent’s will is admitted (recognized) by the court and their assets are distributed to their beneficiaries. As with most court-involved processes, the probate process can be lengthy and confusing. Additionally, because probate records are available to the public, there isn’t any privacy in the process.
Unless an exception … Read the rest
Navigating the world of private road maintenance? We are pleased to introduce a six-part series on private road maintenance agreements beginning with our October newsletter. Your roadmap for the series includes:
October 2023 – Do you need a private road maintenance agreement?
November 2023 – What terms should your private road maintenance agreement include?
December 2023 – Should you form … Read the rest
The Landscaping Wall in the Buffer Zone: A Look at the Decision in Palanchian v. Mitchell
In a recent controversy that made its way to New Hampshire’s high court, the dispute revolved around an easement granted to Scott Mitchell (“Mitchell”) over Mark Palanchian’s (“Palanchian”) property in Gilford, New Hampshire.
The parties owned adjacent properties, and Mitchell’s … Read the rest
Reversed! New Hampshire Supreme Court Rules in Favor of Property Owner – Leaseholder Not Able to Provide Permission for Site Plan Review Application
The New Hampshire Supreme Court (the “Court”) recently weighed in on a dispute concerning a site plan review application submitted to the Town of Salem’s (the “Town”) Planning Board (the “Planning Board”). The matter on appeal involved … Read the rest
New Hampshire Supreme Court Reverses Superior Court – Finds Attorney’s Fees Recoverable for Post-Trial Proceedings in Landlord/Tenant Dispute
In a June 22, 2023, decision, the New Hampshire Supreme Court (the “Court”) reversed an order issued by a superior court denying certain attorney’s fees and costs to Plaintiff Alex Luis Morales (“Morales”) in an action brought against Defendant Zenandre Braccio (“Braccio”) … Read the rest
Well, the answer is: it depends on your goals and specific circumstances. Will-based estate plans and trust-based estate plans can accomplish the same goal, which is to distribute your assets upon your death. That being said, will-based plans do have limitations that trust-based plans do not. Trust-based plans have more duties at the onset than a will-based plan. So, you … Read the rest
We are pleased to announce alfanolawoffice.com is now alfanolaw.com. Aside from changing the name (and having fewer letters to type), we redesigned the entire site to improve your experience. Don’t worry – our articles and resources (such as our Road Law Guide) haven’t gone anywhere, and plenty of new content is in the queue. We hope you find the … Read the rest
In a June 22, 2023, Order, the New Hampshire Supreme Court (the “Court”) expanded upon its prior case law regarding the determination of when an agency action constitutes a final administrative disposition. This ruling can be viewed as a cementing of the Court’s attitude on the subject and sends a message to all those wishing to challenge an administrative action … Read the rest
Many people have preconceived notions about trusts and believe that they are only for multi-millionaires who wish to leave large trust funds to their children. However, this is far from the truth; trusts can be invaluable tools in the estate plans of millions of individuals.
Trusts are simply an arrangement where one party holds property on behalf of another party. … Read the rest
In the recent decision of Lonergan v. Town of Sanbornton, the New Hampshire Supreme Court explored subject matter jurisdiction and the appeals process in connection with excavation permits. The case revolved around the plaintiffs’ failure to follow the appeal procedures outlined in RSA 155-E:9… Read the rest
In the recent decision of Anthony v. Town of Plaistow, the New Hampshire Supreme Court was faced with a property dispute concerning a site plan application for a commercial development project. The plaintiffs, Richard Anthony and Sanaz Anthony (the “Anthonys”), were property owners who … Read the rest
Turning 18 years old is an exciting time for many. Most are getting ready to graduate high school and head out into the world to go to college, serve in the military, or join the workforce. Turning 18 is a pivotal moment in one’s life, and this moment comes with some legal considerations as well.
Many parents (and 18-year-olds) are … Read the rest
The American legal system is a complex dance between maintaining procedural rigidity, on one hand, and ensuring the effective administration of justice on the other. In the recent decision of Graham v. Eurosim Construction, the New Hampshire Supreme Court revisited this delicate balance in the context of … Read the rest
