On June 24, 2022, the governor enacted House Bill 1661 into law. The following is a summary of the key changes to the land use planning and zoning process:
Real Estate Law Articles
We have spent quite a bit of time in the past sharing how nonconforming provisions have been made for numerous properties in the state of New Hampshire. Those provisions basically allow certain properties to function as they always have. This is despite the fact that those properties do not meet all of the current local code requirements.
While expanding … Read the rest
For years, multiple property owners in the state of New Hampshire purchased adjoining lots. They loved the idea that they owned two or more lots, especially if they chose to have family use one in the future or sell one. However, in recent years, problems have occurred since some of those lots were merged without the property owners’ knowledge.
Sutton… Read the rest
In recent years, the New Hampshire Supreme Court has made decisions regarding numerous concerns about easements. There had been questions as to whether easements could be extended to adjoining properties. Those questions then turned into concerns over who was responsible for the actual maintenance of the easements.
Easement Accessibility by Adjoining Properties
Normally, easements cannot be used for … Read the rest
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.
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.
I) Background on Tax Abatement in New Hampshire
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