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 / Neighborly Tricks: Our Top Three Legal Shenanigans of Neighbors

Neighborly Tricks: Our Top Three Legal Shenanigans of Neighbors

As Halloween approaches, many minds turn to autumn themes—pumpkins, parties, and, of course, trick or treating with neighbors. But neighborly tricks aren’t exclusive to Halloween or children; in fact, some of the most complex neighborly hijinks are committed by adults and invite legal intervention rather than innocent mischief. Here’s our list of the top three legal shenanigans committed by neighbors.

1. Trespass

One of the most common offenses committed by neighbors is trespass. Under New Hampshire law, trespass can occur when an individual enters or remains in any place when that individual knows he is not permitted to do so. See RSA 635:2, I. So how can neighbors commit trespass?

The most common way neighbors commit trespass is by crossing property boundaries between their property and their neighbor’s property when they are aware that such a crossing is without the consent of the neighboring property owner. Property owners are permitted under New Hampshire law to report trespass to police, and may have the option of pressing charges depending on circumstances.

2. Destruction of Property

Another common neighborly offense is destruction of property. Typically, destruction of property occurs when an individual purposely or recklessly damages the property of another without any reasonable basis or right to do so. In New Hampshire, destruction of property can be charged under various statutes, including criminal mischief under RSA 634:2.

Some ways neighbors can commit destruction of property is by intentionally destroying the physical property of a neighbor, such as damaging, cutting, or removing vegetation and trees on the land of the neighbor; removing or damaging boundary fences on the land of the neighbor; or committing any offense to property known to be on the land of the neighbor, including buildings and dwellings.

3. Nuisance

New Hampshire grants all property owners the right to peacefully use, develop, and enjoy their real estate. However, when a property owner’s use of their real estate interferes with the rights of surrounding property owners to use, develop, and enjoy their real estate, the behavior of the interfering neighbor can sometimes rise to the level of a legal nuisance. Under New Hampshire law, a private nuisance (as opposed to a public nuisance) that interferes with the rights of surrounding property owners can include unreasonable noise; unreasonable odor; or unreasonable use, among other actions.

Nuisance, like all legal wrongs, must be determined on a case-by-case basis, especially in states like New Hampshire where population densities vary greatly. For example, a property owner may be held liable under nuisance laws for shooting a gun in a backyard in a densely populated, downtown region of Manchester, but may not be held liable for the same action if on a large lot in Nottingham.

As we approach the season of mischief, make sure that your property rights are protected against these three top shenanigans. For more information, or if you are currently having problems with a mischievous neighbor, please contact Paul Alfano at paul@paula89.sg-host.com or (603) 226-1188.

Filed Under: General, Legislation Tagged With: destruction of property, halloween, illegal tricks, mischief, neighbors, nuisance, property rights, shenanigans, trespassing, trick-or-treat

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