A three-justice panel of the New Hampshire Supreme Court (the “Court”) recently issued a non-precedential order resolving a dispute between adjacent property as to ownership and easement rights of a strip of land labeled driveway and passway on the deeds and property plans. In Spear v. Waite, No. 2022-0063 (N.H. Aug. 24, 2023) (non-precedential), the panel affirmed lower court … Read the rest
Easements sometimes sit dormant for decades, even centuries. Our office often defends easements created 50, 100 and even 250 years ago and rarely used by the owners and their predecessors in title. Times change, memories lapse, and easement references get dropped from deeds. When that happens, does the holder of the easement lose any rights? How does nonuse of an … Read the rest
New Hampshire law provides special tax exemptions to municipality-owned real estate. This means the municipalities are not required to pay state real estate taxes on their properties. However, the municipalities are not exempt from paying taxes if non-exempt parties occupy or use their properties as part of a lease or tax agreement.
Is a non-exempt party allowed to sublicense … Read the rest
You probably think there should be a difference between private roads and easements. Right?? After all, an easement is a section of property that allows people other than the landowner to access another piece of property. A private road leads people to a home or at least a piece of property off of the main road. So, why is it … Read the rest
An easement is a piece of land that people, other than the property owner, have permission to use to get to another piece of property. Most of the time, easements are used to reach a beach area or a piece of property that doesn’t have a road or driveway leading to it. Easements are usually created and listed on the … Read the rest
In recent years, the New Hampshire Supreme Court has made decisions regarding numerous concerns about easements. There had been questions as to whether easements could be extended to adjoining properties. Those questions then turned into concerns over who was responsible for the actual maintenance of the easements.
Easement Accessibility by Adjoining Properties
Normally, easements cannot be used for any non-dominant … Read the rest
The estoppel by deed doctrine basically prevents real estate sellers from denying the existence, as well as the usage, of private easements referred to in deeds. All deeds used for transferring real estate properties include legal descriptions. This ensures everyone involved in the transfer is aware of the boundaries of properties and other pertinent information.
Some deeds have a legal … Read the rest