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...]
Legislation Articles
Hey – Who Are These People? (Public Easements by Prescription)
If you tolerate a few members of the general public to cross your land for twenty years, you may have opened the door to the entire general public crossing your land. The legal theory is called a “public easement.” A desire to access lakes and public recreational land are ripe situations for the creation of these types of rights. Prior to … [Read more...]
“Fundamentally Flawed”- Federal Court Judge Holds New Hampshire’s Absentee-Ballot Signature Match Requirement Unconstitutional
Like all states, New Hampshire permits voters who are unable or unwilling to attend official polling stations the option of casting absentee ballots in state and federal elections. Absentee ballots are regulated by several statutes, and ultimately overseen by the New Hampshire Secretary of State. One recent case challenged the process on how … [Read more...]
Private Road Maintenance – Live Free or Die in Action!
For the third year in a row, a bill (SB 401) was introduced in New Hampshire to require owners of residential real estate on private roads to contribute toward the maintenance of the road. For the third year in a row, the bill failed. The effort has been led by realtors, who point out Fannie Mae will not buy loans secured by houses on private … [Read more...]
Airbnb – Permitted or Prohibited?
In recent years, the tourism industry has seen the rise of internet-based, short-term rental by owner sites and apps, such as Airbnb and VRBO. These short-term rental options allow property owners and tenants (when permitted under certain circumstances) to directly lease or rent their property on a short-term basis to interested lessees; and … [Read more...]
Celebrating Summer: What Fireworks Are Legal on Your Land?
Summer in New Hampshire is synonymous to some residents with bonfires, camping, and—of course—fireworks. For years, New Hampshire has been the most liberal state in the Northeast with regards to access of residents and visitors to fireworks. But what “fireworks” are permitted for use on New Hampshire properties according to the law? And under what … [Read more...]
SUPREME COURT ABOLISHES LIMITS TO SALES TAXES ON INTERNET SALES
On June 21, 2018 the U.S. Supreme Court decided South Dakota v. Wayfair, Inc. creating a paradigm shift in the way in which state sales taxes will be collected by remote retailers. In a 5-4 decision, in a majority opinion written by Justice Anthony Kennedy, the Court overruled the physical presence rule which prevented a state from imposing an … [Read more...]
New Hampshire Planning Boards: A Brief Introduction
Another staple land use boards in most New Hampshire municipalities is the Planning Board. Planning Boards are statutorily regulated, and the powers of a Planning Board are specifically defined under the language of each individual municipal ordinance. Makeup of Planning Boards Planning Boards may be established by local legislative bodies. … [Read more...]
Supreme Court Considers Limits to Sales Taxes on Internet Sales
On April 17, 2018, while many taxpayers scramble to meet the deadline for filing their federal income tax returns, the U.S. Supreme Court will hear oral arguments in South Dakota v. Wayfair, Inc., a case that could forever alter the way in which state sales taxes are collected by remote retailers. The battle that is being waged between states and … [Read more...]
May 2017 NH Real Estate Law Alert – Gates and Bars; Real estate right of first refusal; Big Green frat boys lose twice
Upcoming Event: On June 12 & 13 Paul Alfano will be speaking at Real Estate Book Camp, a comprehensive two-day seminar sponsored by the National Business Institute and featuring ten noted New Hampshire attorneys. Paul is scheduled to speak on “Tax Matters in Real Estate,” with a focus on how property owners can reduce their property tax … [Read more...]