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
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
In the state of New Hampshire, certain condos must be registered, while others do not. We understand that rules like this can be a little confusing, so we wanted to share a few details with you to help you out. After all, as one of the people in charge of New Hampshire condos, you want to make sure you are … Read the rest
It is common for a person to lease out a home or commercial building. While this is common practice, many people are still confused as to whether they need to record that lease in the registry of deeds. The short answer to that question will always be no when it comes to the lease being enforced. That doesn’t mean … Read the rest
Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire. First, let’s determine the answer to the question, … Read the rest
The New Hampshire Supreme Court has upheld a denial of tax abatement for a commercial property in Dover.
Municipal ad-valorem property taxes are based on the fair market value of the subject property. If a city values the property for more than it is actually worth, the property owner ends up … Read the rest
The New Hampshire Supreme Court found a city liable for trespass by not removing a sewer line after the landowner revoked their license.
When neighboring landowners are friendly with one another, they are likely to informally grant licenses to each other to use or access their properties for a variety of reasons. For example, informally allowing a … Read the rest
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
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
Is a deed’s language granting a “temporary” well easement enough to ensure that the easement is actually temporary? The New Hampshire Supreme Court determined it did not in its opinion in Arell v. Palmer, 2020 WL 6372951 (N.H. October 30, 2020).
Arell involved a dispute between owners of two neighboring residential properties. When the defendants bought their property, their … Read the rest
