Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Real Estate Attorney
    • John F. Hayes, Attorney
    • Terrie Harman, Attorney
    • Jim Soucy, Attorney
    • Marissa Schuetz, Attorney
    • Michael D. Cameron, Attorney
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates
You are here: Home / General / May 2017 NH Real Estate Law Alert – Gates and Bars; Real estate right of first refusal; Big Green frat boys lose twice

May 2017 NH Real Estate Law Alert – Gates and Bars; Real estate right of first refusal; Big Green frat boys lose twice

Upcoming Event:

On June 12 & 13 Paul Alfano will be speaking at Real Estate Book Camp, a comprehensive two-day seminar sponsored by the National Business Institute and featuring ten noted New Hampshire attorneys.  Paul is scheduled to speak on “Tax Matters in Real Estate,” with a focus on how property owners can reduce their property tax liability.

 

 

Gates and bars – say what?

All class VI highways are deemed to be “subject to gates and bars.”  What exactly does that mean?  People who live on Class VI highways may install a gate across the road, provided the gate does not prevent or interfere with public use of the road.  The gate must be capable of being opened and reclosed by highway users.  The local governing body may regulate such structures to assure such public use, and may cause to be removed any gates or bars which fall into disrepair or otherwise interfere with public use of the highway.

 

Real estate right of first refusal – should it be recorded?

 

RSA 477:3-a states that “[e]very deed or other conveyance of real estate and every court order or other instrument which affects title to any interest in real estate, except probate records and tax liens which are by law exempt from recording, shall be recorded at length in the registry of deeds for the county or counties in which the real estate lies and such deed, conveyance, court order or instrument shall not be effective as against bona fide purchasers for value until so recorded.”  (Emphasis added.)  A purchase and sale agreement containing a right of first refusal is an “other instrument which affects title to any interest in real estate.”  Smith v. Wedgewood Builders Corp., 134 N.H. 125,129 (1991).  Recording the agreement makes it “effective against bona fide purchasers for value.”  This means a purchaser of the real estate will take title subject to the right of first refusal, which could result in some uncomfortable conversations.

Big Green frat boys lose twice.

In 2015, Dartmouth College revoked its recognition of Alpha Delta as a student organization due to “violation of the school’s standards of conduct.”  (The reader will need to search elsewhere for the details – we strive to maintain a certain level of professionalism with our newsletter.)  If that wasn’t bad enough for the bad boys, the town of Hanover then notified the frat that, because the college derecognized Alpha Delta, the frat’s use of its building as student housing violated the zoning ordinance.  The reason?  Use as a frat for student housing was grandfathered, provided it was “operated in conjunction with” the college.  Once AD lost its connection to the college, it lost its grandfather status.  it needed to apply for a special exception.  The AD lads put up a fight, but the New Hampshire supreme court agreed with the town’s zoning board of adjustment and superior court in holding the use violated the town’s zoning ordinance.  Alpha Delta had been in operation as a frat since 1840.  To paraphrase the great John Blutarsky: “175 years down the drain.”   Dartmouth Corporation of Alpha Delta v. Town of Hanover (April 11, 2017)

 

Filed Under: General, Legislation, New Hampshire Property Tax Alerts, Property Tax Law, Real Estate Law, Road Law

The above information is for informational purposes only and does not constitute legal advice.

Important Registry Updates
Important Court Updates

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.
Allobar Strategies

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates

NH Real Estate Law Articles

  • Court Updates
  • Covid-19
  • Estate Planning
  • General
  • Legislation
  • New Hampshire Property Tax Alerts
  • Property Investments
  • Property Tax Law
  • Real Estate Law
  • Road Law
  • Taxes

Recent News Letters

March 2020

December 2019

November 2019

October 2019

August 2019

July 2019

May 2019

Recent Articles

Obtaining Approvals to Build on Class VI and Private Roads in New Hampshire

RSA 674:41 generally prevents New Hampshire … [Read More...]

City Liable for Trespass by not Removing Sewer Line after Landowner Revoked License

When neighboring landowners are friendly with one … [Read More...]

NH Supreme Court Holds that Tenants’ Right of First Offer to Purchase Rented Property can be Triggered by the Owners’ Intent to Sell.

It is common for residential leases to include options … [Read More...]

March 1 is the Deadline to Request a Refund of New Hampshire Property Taxes

March 1, 2021 is the deadline to challenge your 2020 real … [Read More...]

Article Archives

  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • October 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • June 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • September 2014
  • August 2014
  • June 2013
  • February 2012
  • December 2011
  • May 2011
  • July 2010
  • December 2005
  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2021 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC