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
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
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
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
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
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
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
As winter approaches, many New Hampshire residents and visitors are beginning to dust off their winter sports gear and head for the slopes. But could slope-seekers soon be facing a tax on their favorite winter activities?
State Representative Craig Thompson (D- District 14) has recently declared his desire to introduce legislation imposing a tax on ski lift ticket sales throughout … Read the rest
New Hampshire’s oldest form of town government, the town meeting, has been relatively consistent and unchanged through the generations as to when this annual event is held. RSA 39:1 requires town meeting to be held annually on the second Tuesday of March, or in accordance with RSA 40:13 (providing an optional form of town meeting as official ballot referenda) if … Read the rest
The internet is changing all aspects of life, including travel. While the vast majority of travelers traditionally stayed in hotels or motels when visiting from out of town, many travelers now look to short-term rentals—like those advertised on websites like Airbnb, VRBO, and Homeaway—for lodging. However, thanks to a recent Supreme Court decision, travelers to at least one district in … Read the rest
Everything you need to know about navigating public and private road laws in New Hampshire.