Obtaining a rezoning of property to a commercial zoning district is just the first step in the planning process. Typically, before breaking ground, most new commercial developments or redevelopments must first go through the local government’s site planning process. While zoning considers big-picture questions like whether the property is suitable for commercial uses, site planning digs into specifics about the … Read the rest
Implied Easements In New Hampshire – The Estoppel-By-Deed Doctrine
The doctrine of estoppel-by-deed prevents sellers of real estate from later denying the existence and use of certain private easements referenced in a deed. The New Hampshire Supreme Court reiterated this doctrine earlier this year in Loeffler v. Bernier (March 31, 2020).
Deeds transferring real property include legal descriptions so all parties are clear on the boundaries of the … Read the rest
Buyer Beware – Confirm Your Boundary Lines Before You Purchase
So, you’re buying a house. You probably get an inspection done on the house as part of the approval process for your mortgage. But do you think about the boundary lines of the property? Maybe the seller tells you the line is at a tree, or a fence. Maybe you don’t even discuss the boundary lines at all. Then how … Read the rest
A Mortgage is No Excuse to Be Without an Estate Plan
There are many benefits to having a properly drafted estate plan, such as knowing that your family’s finances will not be frozen by the mandatory probate administration process and can make sure that your assets go to the people you want them to go to – instead of getting distributed according to state law for when a person dies … Read the rest
Why a High Cap Rate Means Higher Risk
The capitalization rate, or cap rate, represents the rate of return on an income-producing property when applied against the purchase price. One could say, therefore, a high cap rate is a “good” thing. If so, then why does a high cap rate mean a higher risk investment?
The cap rate is calculated by dividing the net operating income by the … Read the rest