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New Hampshire Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Hampshire on
Q: Who owns trees in New Hampshire? Owner of the land they grow on, or owner of easement over that land, ie: condo unit?

Our limited common area is an airspace unit, ie: right to exclusive use of our limited common area (unit) ABOVE the land. The land under each limited common area is "owned in common by all unit owners" just as is the common area land. So who is responsible for the cost of removal of... Read more »

Israel Piedra
Israel Piedra answered on Nov 29, 2021

This is an interesting question, but probably not one where you will find a definitive answer. In particular, if the tree is within the airspace and poses a danger, property ownership of the tree may not be the sole determining factor for who is responsible for it. Any answer would probably come... Read more »

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Homestead exemption

If I file bankruptcy, are there restrictions on how I can spend the $120,000 exemption?

Also, I have 2 liens on the property. How do those factor in to the homestead exemption?

William J. Amann
William J. Amann answered on Nov 5, 2021

The NH Homestead statute shields your residence from creditors liquidating the home without paying you $120,000. This really just shields you and creditors don't move to liquidate. The liens would need to be examined to determine timing and type of lien. I'd be glad to discuss further,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can a new Employer deny hire for previously being on Disability

I previously was on Disability for a injury at past employer. I'm on pain management but I have a note stating I can go back to work without limitations. Can the new Employer rescind their offer of hire that I already accepted.

Rhiannon Herbert
Rhiannon Herbert answered on Oct 27, 2021

More information is needed here. However, if you are physically able to perform all aspects of the job, but your employer rescinded your offer after learning you had a previous injury from which you are now recovered, you should contact a New Hampshire employment attorney to discuss whether you... Read more »

1 Answer | Asked in Personal Injury for New Hampshire on
Q: I had breast cancer in 2015. I had the tumor removed on the left breast. Then had a breast reduction and reconstructive

surgery. I have an ugly, raised reddish /purple scar under my right breast that has not gotten better or disappear during the years. My husband ( now passed in 2019) thought it was ugly and didn't want to touch me romantically. I have never bothered to get involved with a man again, afraid... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 2, 2021

A New Hampshire attorney could advise best, but your post would have better chances of a reply in the Medical Malpractice category. I'm sorry for your ordeal. Only a New Hampshire attorney could advise on statutes of limitations, but 2015 is a considerable amount of time in most any... Read more »

1 Answer | Asked in Patents (Intellectual Property) for New Hampshire on
Q: My dad has 2 pattens out. How do I know if they are being used and should he have gotten paid on them?

Patents by Inventor xx. xx has filed for patents to protect the following inventions. This listing includes patent applications that are pending as well as patents that have already been granted by the United States Patent and Trademark Office (USPTO).

Multi frequency stacked patch antenna... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 15, 2021

It appears that your dad assigned his rights to Tyco.

Often this happens as someone is working for a company and they assign their rights over to their employer. Perhaps Tyco paid...
Read more »

1 Answer | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Need to know what happened with my cases after I failed to appear in court. More details below.

1-ARRESTED OR RECEIVED 2010/07/09 SID- NH772089




2-ARRESTED OR RECEIVED 2010/07/14A SID- VT321608


Leonard D. Harden
Leonard D. Harden answered on Aug 31, 2021

You will need to vacate the default and get put back on the trial list. The prosecutor will normally agree to this. Then we would proceed by getting discovery and analyzing your case. Sometimes older cases raise problems for the state as witnesses (police) may have retired and moved away. At a... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for New Hampshire on
Q: I was charged with a simple domestic assault charge a couple months ago, and just got caught attempting to steal food

My court papers say that if I’m charged with any federal or misdemeanor crimes within the next 2 years than it’s a mandatory 30 days in jail. I was caught in hannaford with 50$ worth of items for my family and got caught, and I have a court hearing for the case 2 months from now. I’m the only... Read more »

Leonard D. Harden
Leonard D. Harden answered on Aug 30, 2021

There is always a chance. Your best bet is to contact a competent defense lawyer in your area. If you qualify for a public defender request an attorney. Do not try to handle this on your own. A suspended sentence is not imposed until a final order from a court. Do not discuss case with anyone... Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: if i have an intoxalock in my vehicle, am i allowed to drive work vehicles if they have samsara camera units in them?

the samsara has in vehicle cameras as well as watches seatbelt use,speed,following distance etc.

Leonard D. Harden
Leonard D. Harden answered on Aug 23, 2021

If you are required to have an interlock device installed then it must be there or you can be charged with

265-A:37 Alcohol Ignition Interlock Circumvention. –

I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to...
Read more »

1 Answer | Asked in Uncategorized for New Hampshire on
Q: I am a photographer, can I offer clients free wine while at my studio?

Want to offer for clients coming in for consultations and sessions, no selling just offering free refreshments!

Tim Akpinar
Tim Akpinar answered on Aug 18, 2021

A New Hampshire attorney could advise best, but your question remains open for a week. As a general matter, aside from any state-specific laws, it would probably be better to serve beverages that didn't contain alcohol. Issues could arise in terms of impairment in driving a motor vehicle. Good... Read more »

1 Answer | Asked in Medical Malpractice for New Hampshire on
Q: Could I file a medical malpractice against doctors who did the wrong test on my arm.

There were two orders in my file, one for my lower arm and one for my entire arm. They did the one for my lower arm. Two years later I had the test done at another facility, and they did the correct test that showed i had nerve damage.

Tim Akpinar
Tim Akpinar answered on Jul 10, 2021

A New Hampshire attorney could advise best, as elements such as statutes of limitations are state-specific in med mal cases. But your question remains open for two weeks. An issue that could arise is the extent of damages suffered as a result of not diagnosing nerve damage in the original test - as... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Securities Law for New Hampshire on
Q: Is the use of handcuffs or other restraint devices by security officers/guards allowed for detainment in NH

to control a combative/ assaultive individual who has or attempted to cause physical bodily harm to the guard/ officer or on another person. or is in the act of destruction of property where the security guard/officer is there to protect?

Leonard D. Harden
Leonard D. Harden answered on Jun 18, 2021

A security guard is authorized to use the same degree of force as anyone else. In other words being a security guard means that a person may use force that is reasonable to protect a person or property. Handcuffs do not require a license and are not considered deadly force. If a security person... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: We have joint custody and ex husband is moving over 950 miles away in 2 weeks. What are my rights?
Joseph Caulfield
Joseph Caulfield answered on Jun 8, 2021

If you object, he would have to seek the court’s permission

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for New Hampshire on
Q: Is it legal in NH to record a verbally abusive neighbor from an apartment hallway without their knowledge.

My upstairs neighbor is extremely verbally abusive and has physically threatened her kids and me. I want to make it clear to the property management company how bad it is and want to record her from the hallway. NH is a two party consent state but the law seems to be written around direct... Read more »

Leonard D. Harden
Leonard D. Harden answered on Jun 5, 2021

NH is a consent recording state, but if the person is yelling so loudly that it can be heard in a public place then I would agree they have no expectation of privacy. It seems like you could record from your own apartment or the hallway, do not amplify or use any device to enhance the sound.

1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: If my son had his friend over and the friend stole a hand gun out of a lock box what could we be charged with.

The friend has changed his story 3 times already from saying my son gave them to him to he bought them from him or jumped him and took them

Leonard D. Harden
Leonard D. Harden answered on Jun 5, 2021

It is impossible to know if any charges could be brought without more information. You should contact a defense attorney and provide more background.

It is always a good idea not to provide any statement to the police, indicating you have nothing to say is a good idea in almost all scenarios.

1 Answer | Asked in Products Liability and Medical Malpractice for New Hampshire on
Q: Case dismissed SOL in Mass Tort. Can I file Product liability in NH where no sol applies for failure to warn.

NH 507-D3

Tim Akpinar
Tim Akpinar answered on May 29, 2021

A New Hampshire attorney could probably advise best here, but your post remains open for four weeks. If you are currently represented by an attorney in the matter, discuss the dismissal in further detail with them. Additionally, since you mention mass tort, those cases sometimes span multiple... Read more »

1 Answer | Asked in Family Law and Sexual Harassment for New Hampshire on
Q: Can you be convicted on hearsay alone no evidence. Just a person's word against yours I have pretrial over phone call
Andrew S. Winters
Andrew S. Winters answered on May 18, 2021

Hearsay is generally not admissible although there are exceptions. It is a complicated area of the law. For example, an out of court statement by one of the parties to the case is not considered hearsay. So, if a criminal defendant makes a statement to the police after he is arrested, that... Read more »

2 Answers | Asked in Trademark for New Hampshire on
Q: I have a newly created motorcycle group with a name and patch. Is it best to trademark or copywrite?

This group is truly a group and not considered a motorcycle club. We have documented bylaws and an executive board who holds titles and positions. We are attempting to protect the name and image of the patch but want to know if it is better to trademark or copywrite.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 14, 2021

Probably both.

definitely a trademark, you should consult with an attorney as soon as you can.

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1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for New Hampshire on
Q: What should I do? I was arrested in 2011 and just vacated my warrant and set new hearing date.

I was arrested 10 years ago in New Hampshire for DUI and possession of marijuana. I was in the middle of moving out-of-state at the time, being a young and dumb 22 year old I left anyway without notifying the court or explaining to them my situation. Subsequently, I had a bench warrant placed out... Read more »

Albert Hansen
Albert Hansen answered on Apr 26, 2021

You should definitely hire a lawyer. Feel free to call me at (207) 467-3767 for a free consultation.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is there any exceptions when it comes to carrying a knife for a convicted felon? Size of knives or multi tool knives?

I have no violent felony’s but I have a felony drug possession charge. I live in New Hampshire

Leonard D. Harden
Leonard D. Harden answered on Apr 19, 2021

The answer is really based on the definition of a deadly weapon found in RSA 159:3

159:3 Convicted Felons. –

I. A person is guilty of a class B felony if he:

(a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot,...
Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for New Hampshire on
Q: For a minor dog bite in New Hampshire how do I go about filing a lawsuit? I did go to the hospital

It required no stitches, but it was bad enough that I will have a permanent scar for the rest of my life. I went to the hospital, they cleaned it and gave me antibiotics. I had to revisit the ER a couple weeks later because it wasn’t getting any better, but eventually healed up after a long... Read more »

Neil Nicholson
Neil Nicholson answered on Apr 16, 2021

The process to file a lawsuit in NH can be found by looking at the NH Judicial Branch website. The rules in Superior Court can be found here:

NH dog bite law is favorable towards victims. The facts you provide support that you...
Read more »

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