As chronicled in the A&E television show Storage Wars, it is common for modern-day treasure hunters to place bids on repossessed storage units in the hopes of making a (very large) profit. However, the bidders would probably think twice if purchasing the contents of the unit resulted in the buyer taking on the obligation to pay the former owners’ … Read the rest
The Difference Between the Two Types of Easements in New Hampshire
1) Defining the Easement
Easement holders have the right to access or use another’s property for the purpose of the easement. These easement rights are considered non-possessory, as the ownership interest (referred to as the “fee title”) is still retained by the property owner. The property benefitting from the use of the easement is referred to as the “dominant estate,” … Read the rest
Buyer Beware – A Cloud Computing Host’s Liability for Data Loss Can Be Limited
The advent of cloud-based computing and remote data storage has increased business efficiency and the ability to collaborate with colleagues. However, the reliance on third parties to host crucial and sensitive data can have ruinous consequences for the company if their IT host loses this data. This is especially so as many service contracts for hosting data include clauses limiting … Read the rest
Implied Easements In New Hampshire – 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 boundaries of the … Read the rest
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, based in Concord, NH, is meant to provide a faster and more cost-effective route for appealing local zoning decisions than the superior court. The boards’ jurisdiction and procedures are found in RSA 679… Read the rest
Instagram Customer May Proceed with Suit Against Facebook for Deleting Account
On July 24, 2020, the New Hampshire Supreme Court overruled the trial court’s dismissal of a breach of contract lawsuit against Facebook, Inc. – the parent company of Instagram.
I) Trial Court Proceedings
The plaintiff in the case, Teatotaller, runs a bubble tea delivery service in Somersworth, N.H. Teatotaller initially filed a small claims case against Facebook based on an … Read the rest
Common Ways to Terminate an Easement
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
Anatomy of a Deed
What’s in a Deed?
The deed to a parcel of property may be the most important piece of paper someone holds. This is proof that they own their house, the land it sits on, and what that land includes. Yet many people aren’t quite sure what it all means.
Recording information
Recording a deed or other document makes it public … Read the rest
Expansion of Nonconforming Uses in New Hampshire
In a prior blog post, we discussed the application of grandfathering, or “nonconformity”, provisions to existing uses of property that are subsequently banned by the local government. Nonconformity provisions essentially allow the current use to continue indefinitely on the property, even though it does not conform to the new code requirements.
However, expanding nonconforming uses can be problematic. For example, … Read the rest
Grandfathered and Nonconforming Uses in New Hampshire
Landowners in New Hampshire have protections against local governments retroactively banning their lawfully existing use of property. These legal, non-conforming uses are considered “grandfathered,” and generally are allowed to continue indefinitely despite not conforming to newly enacted zoning requirements.
In the zoning and land use context, grandfathered uses are those that existed prior to a change in zoning. Most local … Read the rest