For years, multiple property owners in the state of New Hampshire have purchased adjoining lots. They loved the idea that they owned two or more lots, especially if they chose to have family use one in the future or sell one. However, in recent years, problems have occurred since some of those lots were merged without the property owners’ knowledge. … Read the rest
General Articles
A Few Things to Know About Easements in New Hampshire
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 … Read the rest
Nonconforming Uses in the State of New Hampshire
Zoning requirements have constantly changed over the years in the state of New Hampshire. However, there are multiple structures, lots, and land that do not need to follow the current zoning guidelines. Those items are considered nonconforming uses and are grandfathered into the local zoning codes. Most attorneys like to add the word legally, or lawfully, before nonconforming uses, to … Read the rest
Filing a Takings Claim in New Hampshire? How Penn Central is Applied
Any local, or state, government can use their eminent domain authority to use a private property for any public project. These projects normally include widening a highway and constructing a bike path or sidewalk, but there are many other reasons why a property is needed. Most of the time, the private property must be sold to the government. But there … Read the rest
Landowner Revoked Licenses – Is the City Now Liable for Trespassing?
Whenever a city, town, or other type of municipality decides to install a sewer line, water line, or other item, they must obtain a license from the landowner. This allows the municipality to access the property for the installation, maintenance, and even the removal if necessary. But what happens when the landowner revokes the license? Would the municipality then be … Read the rest
What You Should Know About Obtaining Approvals for Class VI and Private Roads in New Hampshire
In the state of New Hampshire, trying to obtain an approval to construct anything on a private or Class VI road can be quite difficult. Almost all building permits for any structure are immediately denied when the board discovers the request is on either a Class VI road or a private road. There are multiple reasons why this local law … Read the rest
When applying for a tax abatement in New Hampshire, who must sign the application for an abatement?
In a recent decision, the New Hampshire Supreme Court answered that question: The taxpayer. Not their lawyer. Not their agent. Not their best friend. No signature but the taxpayer’s will suffice.
In Appeal of Keith R. Mader 2000 Revocable Trust (No. 2020-0538), the taxpayers submitted an abatement application signed by their attorney, not by the taxpayers themselves. The Board of … Read the rest
Private Roads are Getting the Attention and Maintenance They Deserve
In the state of New Hampshire, you can find yourself driving along state highways and public roads. The state maintains the highways and some of the public roads, while the towns maintain all of the other public roads. But did you also know that you may find yourself driving down a private road on occasion in this state??
There … Read the rest
The Estoppel by Deed Doctrine
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 … Read the rest
Learning About the De Facto Merger and How It Affects the Liability of a Successor
Corporations all across the world are merging with other companies. It happens every day and most of us don’t blink an eye or even know about some of those mergers. Here in New Hampshire, when two companies merge, they need to be aware of whether they are simply taking over the assets or if they are obtaining the other company’s … Read the rest