Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
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You are here: Home / Archives for Real Estate Law

Real Estate Law Articles

Understanding Commercial Site Planning in New Hampshire

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

Filed Under: Property Investments, Real Estate Law

Penn Central Regulatory Takings Claims in New Hampshire

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, while also giving the landowner the ability to challenge the amount of compensation that the … Read the rest

Filed Under: General, Legislation, Real Estate Law

Alfano Law Wins Far-Reaching Equity Theft Case in NH Supreme Court

Alfano Law attorney, John Hayes, successfully challenged a provision of the tax-deeding statute that permitted municipalities to profit from the sale of tax-deeded properties.  While the tax deeding statute required municipalities to distribute profit to former owners if they sold the property within three years, the law does not require municipalities to sell tax-deeded properties within that time-frame.

In the … Read the rest

Filed Under: Legislation, Property Tax Law, Real Estate Law, Taxes Tagged With: New Hampshire Supreme Court, property tax

Evictions in the Time of COVID-19

There are two elements at play, restricting a landlord’s ability to evict a tenant at this time. The first are the governor’s Emergency Order #4 and #24. EO #4 prohibits any evictions to be started or enforced after March 17, 2020. EO #24 lightens the restrictions a little, by exempting proceedings that would be initiated because a tenant is causing … Read the rest

Filed Under: Covid-19, General, Real Estate Law Tagged With: CARES Act Eviction, Covid 19 eviction, Emergency Order #24, Emergency Order #4, Eviction Law, New Hampshire Evictions

Property Rights – When the Government Goes Too Far

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

Filed Under: General, Legislation, Real Estate Law Tagged With: Burrows v. City of Keene, government land use, inverse condemnation, Sundell v. the Town of New London

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

Filed Under: General, Legislation, Real Estate Law Tagged With: 152 N.H. 729, 167 N.H. 694, inverse condemnation, Kingston Place LLC, Kingston Place LLC v. New Hampshire Department of Transportation, Pennichuck, Pennichuck Corp. v. City of Nashua

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

Filed Under: General, Real Estate Law Tagged With: quiet title, Real Estate, title search

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

Filed Under: General, Real Estate Law Tagged With: Airbnb, Portsmouth District Airbnb, short-term rentals law, Working Stiff Partners LLC v. City of Portsmouth

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

Filed Under: Legislation, Real Estate Law, Road Law Tagged With: Class V road, Class VI road, easement, private road, road, road maintenance

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

Filed Under: Real Estate Law Tagged With: boundary line, fence maintenance, partition fence, spite fence

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