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
    • 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 / Legislation / November 2016 NH Alfano Tax Abatement Presentation – Telephone Poles and Conduits – Watch for the Inventory Penalty- Mortgage Legal Descriptions – Right To Know Law: Electronic Documents And Charging Fees

November 2016 NH Alfano Tax Abatement Presentation – Telephone Poles and Conduits – Watch for the Inventory Penalty- Mortgage Legal Descriptions – Right To Know Law: Electronic Documents And Charging Fees

Alfano Tax Abatement Presentation

On October 28, 2016, Alfano Law Office attorney, Paul Alfano, spoke to a group of commercial real estate brokers about property tax abatements. The seminar was presented by NHCIBOR and covered the following topics:

  • Fair market value versus assessed value
  • The grounds for an abatement and the abatement process
  • The equalization ratio
  • The differences between appeals to the Board of Tax and Land Appeals and Superior Court
  • The valuation of real estate

If you missed the seminar and would like the Power Point slides, please contact Paul Alfano at (603) 856-8411 or paul@alfanolawoffice.com.


Telephone Poles and Conduits

In New Hampshire, wooden telephone poles and conduits are considered to be real property and “taxed as real property in the town in which such property or any part of it is situated.” In order to determine the value of the poles and conduits, the following formula was formulated by the legislature:
1. Start with the replacement cost of a new telephone pole or conduit, then
2. Take away “depreciation calculated on a straight line basis for a period of 40 years with a residual value of 20%.”
Market value means the full value of the property as if it were to be appraised and used to repay a debt. Chapter 208, Laws of 2016 (HB 1198).


Inventories Are No Longer Required Although The Penalty Remains

New Hampshire law has eliminated the requirement that, in order to be allowed to appeal an assessment, taxpayers in municipalities with inventories must file an inventory prior to April 15. However, the law still permits municipalities to assess a penalty of one percent (though “not less than $10 or more than $50”) of the property tax for which the person is liable. NH RSA 74:7-a.


Mortgages: The Legal Description May Change Automatically

What happens if real estate encumbered by a mortgage is expanded to include more land? If the lender does not assent to a modification, what gets foreclosed on?
In April of 2005, Maher Mahmound obtained approval to subdivide “Lot 1” on his property into an approximately one acre parcel. A little over one year later, he took out a mortgage on the one acre piece of property. After he obtained the mortgage, the city granted Mahmound permission to relocate the boundary lines of Lot 1 and expand it to 2.4 acres. Thereafter, Mahmound defaulted on Lot 1’s mortgage; and the mortgage company foreclosed. After several transfers of the deed, Aaron Katz and Jeremy Gavin took ownership of the property in April of 2014. The next year, the litigation began.
Mahmound claimed that the foreclosure only applied to the initial one acre of property upon which he took out the mortgage and that he still owned the addition 1.4 acres. The court disagreed, finding that the language of the mortgage was clear. The property was described in the mortgage deed as “. . . all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property.” So the additional land was automatically added to the mortgage deed when Mahmound expanded Lot 1’s boundary lines, and the defendant owned the full 2.4 acres. Mahmoud v. Town of Thornton (2016). New Hampshire property owners should be aware that, depending on the language of their mortgage, the legal description of their property may automatically adjust to cover any legal changes made to the property.


Right To Know Law: Electronic Documents and Copying Fees

In April of 2016, the New Hampshire Supreme Court ruled that, unless there is evidence that it is “not reasonably practicable” to provide requested documents in electronic form, then, if the request for the governmental documents asks for them to be delivered electronically, the state agency must do so. Green v. School Administrative Unit #55, (2016). Now, with the passage of HB 606 in June, unless copies of the documents need to be made, public bodies and agencies cannot charge a fee for the inspection or delivery of records:

No fee shall be charged for the inspection or delivery, without copying, of governmental records, whether in paper, electronic, or other form.


Amazing but true….

Vancouver Property Values Skyrocket, Then Plunge to Earth

Only two months ago, houses in Vancouver, Canada, were selling at a frantic pace at record prices. Now, sales have grounded to a near halt. Average house prices dropped by 19% in August – more than double the second worst drop in Vancouver’s history! Although it is possible that supply is catching up to demand in Vancouver, the extreme swing of house sales cannot be entirely explained by the law of averages. The lack of house purchases is attributable to the fact that foreign purchasers are likely avoiding buying homes because of the new 15% tax on foreign buyers of houses. Moreover, Canada’s law also now requires borrowers to qualify with the Bank of Canada’s posted interest rate, which is considerably higher than interest rates that can be obtained elsewhere.

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

  • Common Neighborly Legal Issues
  • Court Updates
  • Easements
  • Estate Planning
  • General
  • Historic Designation
  • Legal Terms
  • Legislation
    • Business Law
  • New Hampshire Property Tax Alerts
  • Private Road Maintenance
  • Private Roads
  • Property
  • Property Investments
  • Property Rights
  • Property Tax Law
  • Quieting Title
  • Real Estate Law
  • Revocable Trust
  • Road Law
  • Tax Abatement
  • Taxes
  • Zoning Boards of Adjustments

Recent Articles

Private Roads and Easements – What’s the Difference?

You probably think there should be a difference between … [Read More...]

Environmental Clean Up on a Property – Who is Responsible?

Environmental issues are everywhere. Hazards like heavy … [Read More...]

Reasons to Review Your Estate Plan

Have you taken the time to set up your estate plan? If you … [Read More...]

What to Know About Maintaining, Repairing, and Extending Easements on a Property

An easement is a piece of land that people, other than the … [Read More...]

Article Archives

  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 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 © 2022 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC