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 use an access … [Read more...]
Real Estate Law Articles
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 … [Read more...]
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 … [Read more...]
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 more...]
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, … [Read more...]
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 or … [Read more...]
The Hermit and the Deed (No Good Deed Goes Unpunished)
Perley E. Swett was a well-known hermit who lived in Stoddard, NH. He passed away in 1973. During his life, various people appear to have helped him out, one being a gentleman named Quentin H. White. Beginning in 1968, Mr. White visited Mr. Swett regularly, delivered groceries, handled bank transaction, and took Mr. Swett to visit his … [Read more...]
Buyer Beware – Confirm Your Boundary Lines Before You Purchase
So, you’re buying a house. You probably get an inspection done on the house as part of the approval process for your mortgage. But do you think about the boundary lines of the property? Maybe the seller tells you the line is at a tree, or a fence. Maybe you don’t even discuss the boundary lines at all. Then how do you know what you are buying? You … [Read more...]
New Hampshire Won’t Tax You to Death for Putting Real Estate into Your Revocable Trust
When New Hampshire real estate is sold in a typical transaction and ownership is transferred to the buyer, the seller has to pay Real Estate Transfer Tax (“RETT”) and the buyer also has to pay RETT. If you have sold or bought real estate in New Hampshire, it is likely that you paid your one-half share of thousands of dollars of RETT. Under Chapter … [Read more...]
Private Road Maintenance – Live Free or Die in Action!
For the third year in a row, a bill (SB 401) was introduced in New Hampshire to require owners of residential real estate on private roads to contribute toward the maintenance of the road. For the third year in a row, the bill failed. The effort has been led by realtors, who point out Fannie Mae will not buy loans secured by houses on private … [Read more...]