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
Real Estate Law Articles
Where is All of the Landlocked Land Located in New Hampshire?
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
NH Supreme Court Upholds Commercial Property Tax Abatement Denial
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
City Liable for Trespass after Landowner Revoked License
The New Hampshire Supreme Court found a city liable for trespass by not removing a sewer line after the landowner revoked their license.
I) Background
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
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
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
The Difference Between the Two Types of Easements in New Hampshire
1) Defining the Easement
Easement holders have the right to access or use another’s property for the purpose of the easement. These easement rights are considered non-possessory, as the ownership interest (referred to as the “fee title”) is still retained by the property owner. The property benefitting from the use of the easement is referred to as the “dominant estate”. … Read the rest
Implied Easements In New Hampshire – The Estoppel-By-Deed Doctrine
The Estoppel-By-Deed Doctrine
The doctrine of estoppel-by-deed prevents sellers of real estate from later denying the existence and use of certain private easements referenced in a deed. The New Hampshire Supreme Court reiterated this doctrine earlier this year in Loeffler v. Bernier (March 31, 2020).
Deeds transferring real property include legal descriptions so all parties are clear on the … Read the rest
New Hampshire Housing Appeals Board Primer
Effective July 1, 2020, a new option exists for appealing certain land use decisions involving questions of “housing” or “housing development.” The New Hampshire Housing Appeals Board is meant to provide a faster and more cost-effective route for appealing local zoning decisions than the superior court. The board is based in Concord, NH. Their jurisdiction and procedures are found in … Read the rest
Common Ways to Terminate an Easement
Most people use easements in their daily life without ever thinking much about their legal right to do so – whether it’s using a long driveway to access a residence or flushing a toilet relies on underground pipes to connect to the municipal system.
However, the continuing validity of an easement depends on various legal doctrines get applied to the … Read the rest