Alfano Law Office, PLLC

The companion piece to last week's post focuses on if the merger of substandard lots into one substandard lot is permitted in New Hampshire. Read more here:

Alfano Law, PLLC RSA 674:39-a permits owners of two or more contiguous, preexisting approved or subdivided lots or parcels to merge the lots, subject to the requirements of the statute.  One requirement prohibits a proposed merger if the new lot “would create a violation of then-current ordinances or regul

The NH Supreme Court affirmed a Housing Appeals Board order reversing the East Kingston’s zoning board of adjustment’s denial of a variance involving the merger of two substandard lots. However, the merged lots still failed to satisfy dimensional requirements of the zoning ordinance. Read more here:

Alfano Law, PLLC In Appeal of Town of East Kingston (May 22, 2024 order), the New Hampshire Supreme Court affirmed a Housing Appeals Board (HAB) order reversing the East Kingston’s zoning board of adjustment’s (ZBA) denial of a variance involving the merger of two substandard lots.  The case is interestin

Lawyers from Alfano Law recently appeared before the New Hampshire Supreme Court in the case of Cucchi v. Town of Harrisville, 2024 N.H. 29 (June 4, 2024). The firm obtained a favorable ruling concerning ownership of the fee “underneath” a road abutting a parcel of land. Click the link for a post describing the court’s decision.

Alfano Law, PLLC In the quirky world of roads, many state courts have adopted a rebuttable presumption that abutters own the fee to the middle of roads, subject to the rights of the public to use the road.  But what happens where no one owns land on the other side of the road?What if a public body of water

A recent New Hampshire Supreme Court decision concerned a planning board's attempt to alter an access easement. Read more here:

Alfano Law, PLLC If a planning board approves a two-lot subdivision plan stating the front lot is subject to an access easement for the rear lot “to be used for a single lot and one buildable location” on the rear lot, can the planning board alter the easement by approving a two-lot subdivision on the rear lot?&

A recent case focused on a dispute between two real estate development companies and the town of Brookline, in which the plaintiffs alleged the town's actions were discriminatory after it issued a moratorium and an ordinance which limited construction. Read more at this link:

Alfano Law, PLLC In the case of Brookline Opportunities LLC v. Town of Brookline , 21-cv-770-PB, 2023 DNH 81P (D.N.H. Jul. 7, 2023), two real estate development companies wanted to build an affordable rental housing development in Brookline, New Hampshire. The town responded to the proposed development by adopting

In a recent New Hampshire Supreme Court order, the court explored the duties of landowners in terms of premises liability, specifically focusing on the level of care owed to individuals who enter their property. Click the link to read more.

Alfano Law, PLLC In the New Hampshire Supreme Court order in Dean Strang & a. v. Christmas Island Resort Condominium Association & a . (February 23, 2024), the court explored the duties of landowners in terms of premises liability, specifically focusing on the level of care owed to individuals who e

Part two of our series on private road maintenance is here. In this part, we delve into what terms should be included in your private road maintenance agreement.

What Terms Should Your Private Road Maintenance Agreement Include? Including specific terms in a private road maintenance agreement in New Hampshire is essential to ensure clarity.

The first part of our series on private road maintenance is here! In this part, we tackle the question of if you need a private road maintenance agreement.

Read it here: https://alfanolawoffice.com/do-you-need-a-private-road-maintenance-agreement/

Navigating the world of private road maintenance? We are pleased to introduce a six-part series on private road maintenance agreements beginning with our October newsletter. Sign up for our newsletter at https://www.alfanolaw.com/newsletter.

We are pleased to announce alfanolawoffice.com is now alfanolaw.com. Aside from changing the name (and having fewer letters to type), we redesigned the entire site to improve your experience. We hope you find the new site useful.

https://www.alfanolaw.com/

Wondering what probate is and how to avoid it? This article will help to answer your questions.
https://alfanolawoffice.com/what-is-probate-and-how-do-i-avoid-it/

Perley E. Swett was a hermit who lived in Stoddard, New Hampshire. He had no money or family, but was helped by Quentin H. White from 1968 to 1973. Mr. White would visit Mr. Swett and carry out any bank transactions that needed to get done, or bring him groceries or take him to his sister's house for visits.

The best time to speak with an attorney about your estate plan is now. Even if you are young or middle-aged, you still need to consider the possibility that something terrible could happen to you. Wouldn’t you feel better knowing that your loved ones and heirs will quickly take over your estate without going through legal hurdles or hassles?

Awareness of the potential risks of injury and death is important. But this doesn't mean you should be a negative person who worries about these possibilities. It does mean being aware of the things that can happen so that, should an accident take place, you don’t have to worry about leaving your family behind with little financial resources.

Defendants argued that their non-disclosure agreements were unenforceable because they only prohibited employees from misappropriating employers’ confidential information, the Court disagreed and found that those agreements were reasonable. The Court reasoned that such agreements could be reasonably expected to limit employees’ ability to work in the same industry.

The Court began its opinion by explaining New Hampshire’s motion for summary judgment evaluation standards, stating that summary judgment is proper “if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits filed, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law."

In a November 7, 2022 Court Order, Defendants David Bukowitz, Paul Berberian, and Jose Flores failed to persuade the Court that summary judgment was appropriate in an action brought against them for alleged violations of trade secrets and breach of their employment non-disclosure agreements (NDAs).

New deadlines and timelines mean your Permit By Notification application is more time sensitive. Therefore, you must ensure that all fields are filled out completely so that it can be approved before the end of the day.

The new rules and updates will fast-track the permit approval process while protecting the New Hampshire Wetlands. That way, the environment’s natural resources stay protected without reducing economic activity in the state. It is a win-win situation for the public and the environment.

The Department of Environmental Services did something it hasn’t done in more than 25 years by making massive updates and alterations to the rules and regulations governing New Hampshire Wetlands.

Click the link below to read our article about "The New Rules That Govern New Hampshire Wetlands".
https://alfanolawoffice.com/the-new-rules-that-govern-new-hampshire-wetlands/

Any party entitled to a homestead or possessing a homestead may assign or waive their right to a homestead. But certain circumstances have to present themselves to make any person want to assign or waive this right.

Did you know that creditors have the legal authority to sell a homestead property under a specific homestead statute RSA 480? However, the creditors can only take enough proceeds from the property sale to cover the debts and liens owed. Any excess proceeds must go to the owner of the homestead, but only up to the maximum exemption amount. Since the full homestead exemption is $120,000, it is the maximum amount the homestead holder is entitled to receive.

Homestead is a property tax exemption term referring to a homeowner who occupies their own primary residence. When someone claims a homestead tax exemption on the property they own and occupy, they are entitled to receive up to a $120,000 exemption on the tax-assessed value of their property. Married couples who own and occupy the same residence can receive an exemption of $120,000 each ($240,000 total).

Five Arguments for Tenant Status:

1) The Applicable Statutes Don’t Apply
2) Extended Stay Hotels Are Not Traditional Hotels
3) Not a Recreational User
4) Rented for Longer Than a Month
5) Taxes

New Hampshire law doesn’t consider the occupants of extended stay hotel rooms as tenants. If extended stay hotel customers were considered tenants under New Hampshire law, they would be entitled to statutory protections preventing them from being forcibly removed. These protections are not offered to hotel guests because they are considered customers.

The land’s owner had the exclusive right to grant land usage rights to other third parties at their discretion. But if it had been an exclusive easement, the third party would have had the right to remove the third party even if the third party’s actions were not disrupting the easement holder’s use of the easement.

When there is a default on your lease, it's important to let the tenant know what is going on – without being too aggressive about it. While you would like the tenant to do everything possible to fulfill their obligations under the lease agreement, don't give them a chance to break the agreement if they were not aware that they are in default.

The sublicense agreement did not require the sub-licensee (Segtel) to pay the state property taxes. Therefore, the non-exempt party (sub-licensor) should have specified for the sub-licensee to pay those taxes in the sublicense agreement.

Top 11 Considerations You Must Make for Your Estate Plan:

1) Bundle All Your Critical Documents Together
2) Create a Last Will and Testament
3) Create a Living Will
4) Designate a Power of Attorney
5) Create a Living Trust
6) Change Your Beneficiaries When Needed
7) Choose a Digital Asset Designee
8) Plan Your Post-Death Arrangements
9) Save Copies of All the Documents in Your Estate Plan
10) Have a Conversation with Your Friends and Family Members
11) Periodically Review Your Estate Plan

The lease agreement is the primary legal document between you and your tenant. It outlines all the responsibilities and legal rights each of you has in the rental arrangement.