Most people are familiar with eminent domain, which occurs when the government takes private property for public use, with payment to the owner. Sometimes the government takes private property without compensating the owner. This form of taking is called “inverse condemnation.” Inverse condemnation can be difficult to spot because the private citizen retains fee ownership of his or her property, … Read the rest
Real Estate Law Articles
Property Rights – Is Government Delay an Unconstitutional Taking of Private Property?
The legal term is this context is “inverse condemnation.” Inverse condemnation occurs when a governmental body takes property in fact, but opts not to exercise the power of eminent domain, thus depriving the property owner of compensation.
The term also can include a governmental action that substantially interferes with, or deprives a person of, the use of his or her … Read the rest
Quieting Title- What is Is, and When It’s Necessary
Most Americans are familiar with the concept of title to real estate, or the evidentiary documents—usually comprised of deeds and/or plans—that serves to prove ownership. Title searches and title insurance are somewhat standard accessories of real estate transactions in New Hampshire. Title searches look through the history of ownership of a certain parcel of property to confirm that the seller … Read the rest
Affirmed: Airbnb’s Not Permitted in Portsmouth District
The internet is changing all aspects of life, including travel. While the vast majority of travelers traditionally stayed in hotels or motels when visiting from out of town, many travelers now look to short-term rentals—like those advertised on websites like Airbnb, VRBO, and Homeaway—for lodging. However, thanks to a recent Supreme Court decision, travelers to at least one district in … Read the rest
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 … Read the rest
Good Fences Make Good Neighbors
Lots of homeowners put fences around their properties, for many different reasons. Some want to keep pets and children contained, others want privacy, and others want to keep trespassers off their property. But where exactly do these fences get built? Most common is a few feet away from the property line. Ownership, and therefore responsibility of maintenance, of the fence … Read the rest
Who is Responsible for This Mess? – PFA, PFOA, and Other Environmental Clean Up
Water and ground pollution are being discussed everywhere as more research is done discovering the harmful effects of certain commonly used chemicals. Here in New Hampshire, the Department of Environmental Services (DES) is working to implement new, lower, allowable levels of certain perfluoro-chemicals in drinking water. The rule making proposal was submitted earlier this summer after extensive research, and if … Read the rest
Alfano Law Office Mission Statement
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 the rest
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, variances, and/or special exceptions) to complex permissions of governmental … Read the rest
Highways to Summer Cottages – A Primer
For certain Class V highways providing access to seasonal residences, municipalities may elect not to maintain those roads during the winter, which is defined as December 10 to April 10. (More on these dates in a moment.)
Since 1989, municipalities may make this election in one of two ways: 1) via the lay out process for any proposed new road … Read the rest