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 … [Read more...]
Legislation Articles
Ski Lift Tickets- Soon to be Taxed?
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 … [Read more...]
Town Meeting Will Be Held as Scheduled – Unless Bad Weather or Emergency Strikes
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 … [Read more...]
What is the Difference Between a Private Road and an Easement?
An access easement is a right to pass over someone else's property for - you guessed it - access. Other types of easements exist that are not for access, such as an easement to place and operate a cell tower on someone's land. A private road also provides access to one's land. Generally, only a limited number of people may use an access … [Read more...]
Private Road Maintenance and Highway to Summer Cottages Bills Become Law
Two important road bills became law this session. One imposes an obligation on certain parties to contribute toward maintenance of private roads. The other allows municipalities to extend the “winter” period for highways to summer cottages. Private road maintenance The private road maintenance law began as SB 39 and finished as Chapter 308, … [Read more...]
Homestead v. Mortgages – Who Wins?
Homestead is a right to occupy one's primary residence. Homestead also has a set value of $120,000, which comes into play when creditors circle the waters. Each person has a homestead in the amount of $120,000; therefore, for married couples, each spouse has a $120,000 homestead. The homestead right is exempt from attachment by creditors, … [Read more...]
Construction and Permission: The Importance of Obtaining Land Use Permits Prior to Building
In New Hampshire and other states around the U.S., state law requires that individuals obtain permission from local and/or state/federal agencies prior to construction of new or renovated structures. These permissions depend on the type of construction sought, and can range from local planning and zoning approvals (such as building permits, … [Read more...]
Are Customers of Extended Stay Hotels Tenants?
Apparently not. The question is important because New Hampshire tenants have statutory protections against forced removal not available to hotel guests. The New Hampshire Supreme Court addressed this question on March 8, 2019 in the matter of Natalie Anderson v. Adam Robitaille. Ms. Anderson and her husband began residing at an extended stay … [Read more...]
New Hampshire Superior Court Strikes Down Use of Restrictive Voter Registration Process in Upcoming Elections
On Monday, Superior Court Justice Kenneth C. Brown granted a temporary injunction preventing the State of New Hampshire from imposing new voter registration forms in the upcoming 2018 election. In 2017, several Republican New Hampshire senators sponsored SB3 (“SB3”), a bill amending New Hampshire’s voter registration process to include stricter … [Read more...]
Neighborly Tricks: Our Top Three Legal Shenanigans of Neighbors
As Halloween approaches, many minds turn to autumn themes—pumpkins, parties, and, of course, trick or treating with neighbors. But neighborly tricks aren’t exclusive to Halloween or children; in fact, some of the most complex neighborly hijinks are committed by adults and invite legal intervention rather than innocent mischief. Here’s our list of … [Read more...]