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...]
New Hampshire Wetlands Rules Have Changed
For the first time in over 25 years the Department of Environmental Services has made significant updates to Wetlands rules and regulations. Also among the updates are Shoreland standards, Alteration of Terrain rules, and surface water quality standards. The changes incorporate statutory updates, as well as scientific advances and better reflect … [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...]