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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Home » Real Estate Law » Page 2

Real Estate Law Articles

Where is All of the Landlocked Land Located in New Hampshire?

landlocked land, located, what is landlocked land

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

Filed Under: Real Estate Law

NH Supreme Court Upholds Commercial Property Tax Abatement Denial

NH Supreme Court, tax abatement, title, inverse condemnation

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

Filed Under: Court Updates, New Hampshire Property Tax Alerts, Property Investments, Property Tax Law, Real Estate Law, Taxes

City Liable for Trespass after Landowner Revoked License

sewer line

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

Filed Under: Court Updates, General, Real Estate Law

Understanding Commercial Site Planning in New Hampshire

commercial site planning

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

penn central, property rights conference

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. It also gives the landowner the ability to challenge the amount of compensation that … Read the rest

Filed Under: General, Legislation, Real Estate Law

NH Supreme Court: A Temporary Well Easement Can Be Permanent

easement, alfano law

Is a deed’s language granting a “temporary” well easement enough to ensure that the easement is actually temporary? The New Hampshire Supreme Court determined it did not in its opinion in Arell v. Palmer, 2020 WL 6372951 (N.H. October 30, 2020).

Arell involved a dispute between owners of two neighboring residential properties. When the defendants bought their property, their … Read the rest

Filed Under: Court Updates, General, Real Estate Law

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

Filed Under: General, Real Estate Law

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

Filed Under: Property Investments, Real Estate Law Tagged With: easements, estoppel-by-deed, implied easements

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

Filed Under: General, Real Estate Law

Common Ways to Terminate an Easement

executor of estate, revocable trust, estate plan, estate planning, registry

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

Filed Under: General, Real Estate Law Tagged With: easements

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