It is common for a person to lease out a home or commercial building. While this is common practice, many people are still confused as to whether they need to record that lease in the registry of deeds. The short answer to that question will always be no when it comes to the lease being enforced. That doesn’t mean … Read the rest
Where is All of the Landlocked Land Located in New Hampshire?
Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire. First, let’s determine the answer to the question, … Read the rest
NH Supreme Court Upholds Commercial Property Tax Abatement Denial
The New Hampshire Supreme Court has upheld a denial of tax abatement for a commercial property in Dover.
I) Background on Tax Abatement in New Hampshire
Municipal ad-valorem property taxes are based on the fair market value of the subject property. If a city values the property for more than it is actually worth, the property owner ends up … Read the rest
Obtaining Approvals to Build on Class VI and Private Roads
Obtaining approvals to build on Class VI and private roads in New Hampshire can be difficult. RSA 674:41 generally prevents New Hampshire municipalities from issuing building permits for structures, unless the street giving access to the lot is a Class V or better highway. Therefore, most local building permit applications for development on Class VI or private … Read the rest
City Liable for Trespass after Landowner Revoked License
The New Hampshire Supreme Court found a city liable for trespass by not removing a sewer line after the landowner revoked their license.
I) Background
When neighboring landowners are friendly with one another, they are likely to informally grant licenses to each other to use or access their properties for a variety of reasons. For example, informally allowing a … Read the rest
March 1 is the Deadline to Request a Refund of New Hampshire Property Taxes
March 1, 2021 is the deadline to challenge your 2020 real estate taxes.
Please keep in mind the deadline to challenge your 2020 real estate taxes is March 1, 2021. Your request for a refund must be postmarked by this date and addressed to the municipality in order for the municipality to grant you a refund. You can obtain a … Read the rest
NHPVRTA SUBMITS DRAFT OF NEW BILL ON PRIVATE ROADS TO THE NH SENATE
New Hampshire Private Road Taxpayers Alliance (NHPVRTA) is a NH domestic nonprofit corporation which advocates for the rights of private road property owners. Private roads can be dirt, gravel or paved and can be found in the mountains, at beaches, lakes, and in cities and towns. Private roads can have a single residence, a few, or many residents as in … Read the rest
Understanding Commercial Site Planning in New Hampshire
Obtaining a rezoning of property to a commercial zoning district is just the first step in the planning process. Typically, before breaking ground, most new commercial developments or redevelopments must first go through the local government’s site planning process. While zoning considers big-picture questions like whether the property is suitable for commercial uses, site planning digs into specifics about the … Read the rest
Penn Central Regulatory Takings Claims in New Hampshire
State and local government entities have the ability to use eminent domain authority to force the sale of private property for public projects. See RSA Chapter 498 A. This process aids in the orderly planning and construction of new public infrastructure such as highway widenings, while also giving the landowner the ability to challenge the amount of compensation that the … Read the rest
New Hampshire Supreme Court Holds That a Temporary Well Easement Can be Permanent
Is a deed’s language granting a “temporary” well easement enough to ensure that the easement is actually temporary? The New Hampshire Supreme Court determined it did not in its opinion in Arell v. Palmer, 2020 WL 6372951 (N.H. October 30, 2020).
Arell involved a dispute between owners of two neighboring residential properties. When the defendants bought their property, their … Read the rest