We have spent quite a bit of time in the past sharing how nonconforming provisions have been made for numerous properties in the state of New Hampshire. Those provisions basically allow certain properties to function as they always have. This is despite the fact that those properties do not meet all of the current local code requirements.
While expanding … Read the rest
The Right-to-Know law in the state of New Hampshire is powerful. This law ensures that all government decision making is transparent. It also ensures that all public business is conducted in meetings that are open to the public. This helps with not only transparency, but also accountability.
Since the Right-to-Know law applies to all public bodies, you would think … Read the rest
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 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
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
Some deeds in the state of New Hampshire grant temporary well easements. However, there are times when these temporary well easements end up being permanent and according to the New Hampshire Supreme Court, that is legal. The case where the courts decided that a temporary well easement can become permanent was Arell v. Palmer.
This case was brought … Read the rest
The state of New Hampshire still has lots of open green spaces, which means there is still quite a bit of land available for use. While these open spaces are beautiful, a few people would love to construct different buildings on them. Then there are others who want to expand on the land they already own. During all of these … Read the rest
New Hampshire has a new law on the books, and it states that most private roads must have a maintenance agreement. We understand why having an agreement is important. However, an agreement can still create problems. Therefore, we recommend creating an association to ensure there is an extra layer of protection for every person involved.
When you create an association, … Read the rest
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. It also gives the landowner the ability to challenge the amount of compensation that … Read the rest
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
