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
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
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
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
The N.H. Board of Tax and Land Appeals (BTLA), an administrative board that is responsible for deciding appeals of denial of property tax abatements, has extended all deadlines for mediation to June 1, 2020 in response to the COVID-19 pandemic. A party is not required to file a request for a written extension. The BTLA sets a deadline for … Read the rest
Governor Sununu’s Emergency Order 25 authorizes municipalities to “grant blanket abatements of the interest charged on all property taxes not paid after their assessment for the duration of the State of Emergency….” This power already exists under RSA 76:16 and RSA 29:12, although the emergency order simplifies the process for the county portion of taxes.
Some observations:
•A municipality … Read the rest
There are two elements at play, restricting a landlord’s ability to evict a tenant at this time. The first are the governor’s Emergency Order #4 and #24. EO #4 prohibits any evictions to be started or enforced after March 17, 2020. EO #24 lightens the restrictions a little, by exempting proceedings that would be initiated because a tenant is causing … Read the rest
In response to the COVID-19 outbreak, municipalities have limited their operations generally, which affect their ability to approve building permits and construction inspections within the normal timelines. Governor Sununu passed Emergency Order 23 to “keep New Hampshire construction projects, vital to the economy, active and progressing during these extraordinary times.” The order allows for a temporary modification of municipal and … Read the rest
With New Hampshire Governor Sununu’s Emergency Order #17 announcing closure of all “non-essential” businesses, many individuals and businesses confront contractual obligations they may not be able to fulfill. Some contracts attempt to address unforeseen circumstances with force majeure clauses, which is French for a “superior” or “irresistible” power. The term is used in the legal system to refer to … Read the rest
On March 16, 2020, in response to the emergency orders issued by the Governor relating to attempts to reduce the infection rate from the Covid-19 virus, the New Hampshire Supreme Court, cancelled all trials and hearings that require people to appear at the courthouses in New Hampshire. The New Hampshire Supreme Court is the Court that has the responsibility … Read the rest
Everything you need to know about navigating public and private road laws in New Hampshire.