Most people are familiar with eminent domain, which occurs when the government takes private property for public use, with payment to the owner. Sometimes the government takes private property without compensating the owner. This form of taking is called “inverse condemnation.” Inverse condemnation can be difficult to spot because the private citizen retains fee ownership of his or her property, … Read the rest
Property Rights – Is Government Delay an Unconstitutional Taking of Private Property?
The legal term is this context is “inverse condemnation.” Inverse condemnation occurs when a governmental body takes property in fact, but opts not to exercise the power of eminent domain, thus depriving the property owner of compensation.
The term also can include a governmental action that substantially interferes with, or deprives a person of, the use of his or her … Read the rest
Everything You Need to Know About Real Estate Tax Refunds in NH
March 1, 2020 is the deadline to challenge your 2019 real estate taxes.
The process for obtaining a real estate tax refund – or “abatement” – can be mysterious. Thankfully, our affiliated company, Allobar Strategies, has a free downloadable primer to answer your questions.
The primer addresses issues such as “fair market value” versus “assessed value,” grounds for an abatement, … Read the rest
Private Road Maintenance Agreements – 3 Reasons You Should Form an Association
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 administration and enforcement of private road maintenance agreements.
Consider … Read the rest
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, can be cumbersome.
One solution … Read the rest
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 what has been occurring operationally. … Read the rest
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 supervised sale. How the real estate is … Read the rest
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 certain parcel of property to confirm that the seller … Read the rest
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 James W. Ely, Jr., Professor Stewart … Read the rest
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 opened, built, or used … Read the rest