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...]