Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
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General Articles

NH Supreme Court Holds that Tenants’ Right of First Offer to Purchase Rented Property can be Triggered by the Owners’ Intent to Sell.

It is common for residential leases to include options allowing the tenants to purchase the property during the lease if the owner decides to sell. For unique properties, or in areas with tight housing markets, the option to purchase can make up a significant portion of the lease’s value.

The option to purchase is commonly structured as either a right … Read the rest

Filed Under: General

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

Filed Under: General

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

Filed Under: General, Legislation, Real Estate Law

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

Filed Under: General

Successor Liability by De Facto Merger in New Hampshire

As chronicled in the A&E television show Storage Wars, it is common for modern-day treasure hunters to place bids on repossessed storage units in the hopes of making a (very large) profit. However, the bidders would probably think twice if purchasing the contents of the unit resulted in the buyer taking on the obligation to pay the former owners’ … Read the rest

Filed Under: General

The Difference Between the Two Types of Easements in New Hampshire

1) Defining the Easement

Easement holders have the right to access or use another’s property for the purpose of the easement. These easement rights are considered non-possessory, as the ownership interest (referred to as the “fee title”) is still retained by the property owner. The property benefitting from the use of the easement is referred to as the “dominant estate,” … Read the rest

Filed Under: General

Buyer Beware – A Cloud Computing Host’s Liability for Data Loss Can Be Limited

The advent of cloud-based computing and remote data storage has increased business efficiency and the ability to collaborate with colleagues. However, the reliance on third parties to host crucial and sensitive data can have ruinous consequences for the company if their IT host loses this data. This is especially so as many service contracts for hosting data include clauses limiting … Read the rest

Filed Under: General, Legislation

New Hampshire Housing Appeals Board Primer

Effective July 1, 2020, a new option exists for appealing certain land use decisions involving questions of “housing” or “housing development.” The New Hampshire Housing Appeals board, based in Concord, NH, is meant to provide a faster and more cost-effective route for appealing local zoning decisions than the superior court. The boards’ jurisdiction and procedures are found in RSA 679… Read the rest

Filed Under: General

Instagram Customer May Proceed with Suit Against Facebook for Deleting Account

On July 24, 2020, the New Hampshire Supreme Court overruled the trial court’s dismissal of a breach of contract lawsuit against Facebook, Inc. – the parent company of Instagram.

I) Trial Court Proceedings

The plaintiff in the case, Teatotaller, runs a bubble tea delivery service in Somersworth, N.H. Teatotaller initially filed a small claims case against Facebook based on an … Read the rest

Filed Under: General

Common Ways to Terminate an Easement

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

Filed Under: General Tagged With: easements

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Recent Articles

NH Supreme Court Holds that Tenants’ Right of First Offer to Purchase Rented Property can be Triggered by the Owners’ Intent to Sell.

It is common for residential leases to include options … [Read More...]

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 … [Read More...]

NHPVRTA SUBMITS DRAFT OF NEW BILL ON PRIVATE ROADS TO THE NH SENATE

New Hampshire Private Road Taxpayers Alliance (NHPVRTA) is a … [Read More...]

Understanding Commercial Site Planning in New Hampshire

Obtaining a rezoning of property to a commercial zoning … [Read More...]

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