Several months ago, a few of us at Alfano Law Office noticed the frequency with which our office fights municipalities to protect property rights. Property rights are more than just things in your home or office. They include the right to use and develop land, the right to be paid full market value should the government take your property through … [Read more...]
Property Tax Law Articles
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...]
What is Property?
Property is anything that is owned by a person or company. It can be bought, sold, traded, stolen, or destroyed. Property can be owned by a single person, or jointly between two or more people. Tangible items such as a car, books, clothes, DVDs, or that collection of weird looking clowns are considered personal property. Real estate or real … [Read more...]
Interest Rate Reduction – Good News for Taxpayers
Effective the tax year beginning April 1, 2019, the amount of interest taxpayers must pay on real estate tax not paid within thirty days after bills are made drops to 8% from the current rate of 12%. The interest rate on properties subject to a tax lien drop to 14% from 18%. This is good news for taxpayers, and long overdue. Despite the … [Read more...]
Owning Property Together
Many people own a house jointly with their spouse - or partner, friend, or family - often as joint tenants with rights of survivorship (“JTROS”). This means the couple owns the house together equally, and if one of them dies the other retains full ownership automatically. The default in NH is to own property as “tenants in common” meaning each … [Read more...]
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...]
N.H. SUPREME COURT RULES THAT STATUTE ALLOWS A WINDFALL TO MUNICIPALITIES FOR TAX SALES BEYOND THREE YEARS FROM TAX DEED
In the case of Polonsky v. Town of Bedford, decided on June 28, 2018, the N.H. Supreme Court considered the interpretation of amendments to the alternative lien procedures statutes found in RSA 80:88-91. These statutes were enacted in response to Thomas Tool v. Croydon, 145 N.H. 218 (2000), in which the Court held that it was unconstitutional for … [Read more...]
Are You Required to Give Financial Statements to Your Municipality?
In the context of real estate tax assessments in New Hampshire, the answer is “No.” We have seen tax assessors in some municipalities, such as Portsmouth, request income and expense information from at least some commercial landlords. Owners turn the information over, likely under the assumption they are required to do so. In fact, this … [Read more...]
Extraordinary Assumptions – a Handy Tool for Real Estate Appraisers
Most real estate tax abatement cases heading to a final hearing require the testimony of an appraiser. Two, in fact: one for the taxpayer, and one for the taxing authority. Sometimes there is even a third appraiser, who gives his or her opinion as to the quality of one or the other reports prepared by the appraisers prior to the … [Read more...]
Do I need to record a lease in the registry of deeds?
No matter the length of the term, a lease does not need to be recorded in the registry of deeds to be enforceable against the landlord and tenant. The tricky part comes when other parties have claims against the same real estate. For example, if a 10-year lease is executed on March 1 and never recorded, and a mortgage is recorded two weeks later … [Read more...]