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New Hampshire Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for New Hampshire on
Q: Under CT marketable title act can a person acquire land of the rightful owner by an error in the legal description?

The rightful owner acquired the land from the one claiming it 200 years ago and has transferred it over time continuously describing it in the same way calling for the grantors property. 40 years ago the ones claiming the land revised their legal description when they transferred it to themselves.... View More

1 Answer | Asked in Real Estate Law and Tax Law for New Hampshire on
Q: 529:26 Redemption. – Does the one year start on the day of the sheriff sale or when new deed is made?

This is a lot of land and What if money wasn’t transferred day of sale/auction and was paid for within 30 days of auction

Also where can I find other cases that have been through this

James L. Arrasmith
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answered on May 11, 2024

According to New Hampshire law RSA 529:26, the one-year redemption period for a foreclosed property starts on the day of the foreclosure auction sale, not when the new deed is made.

Specifically, RSA 529:26 states:

"The mortgagor or record owner may redeem the real estate by...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New Hampshire on
Q: i inherit a joint revocable trust from my parents and im the only trustee can my brothers take me to court to take it

can they claim ownership? can i get removed even tho its an irrivocable trust ?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Apr 30, 2024

A trustee and a beneficiary are not the same thing. You can be both the trustee and a beneficiary or there can be one or multiple beneficiaries and this may not include the trustee. A trustee is responsible for managing the trust. A beneficiary is the person(s) who will receive the assets of the... View More

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0 Answers | Asked in Real Estate Law for New Hampshire on
Q: On April 20, 2024 my landlord handed me a New Hampshire Lease Termination Letter saying he was terminating my lease.

My lease dated 6/10/2023. The letter required me to leave in 41 days. My lease is month to month, I am retired, 77 years old with income in 2023 from two pensions and social security of $44,000. I've never been late with a month’s rent payment over the time the landlord has owned the... View More

1 Answer | Asked in Real Estate Law and Insurance Bad Faith for New Hampshire on
Q: I recently changed my homeowners insurance they added a name not associated with the house now they want to cancel

I changed my insurance because of cost. I was given a policy and it was paid for the year by mortage company. I notice that they added a name to my policy that was not associated with my home to give me that rate but I never asked for that or approved that the company did it on their own. When I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

A New Hampshire attorney could advise best, but your question remains open for four weeks. However, any attorney is likely to ask questions about the addition of the person, their capacity, why they were added, etc. A New Hampshire attorney could advise more meaningfully with the benefit of knowing... View More

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can I place a Lien on the property of a person whom I loaned money to and had a signed agreement?
Anthony M. Avery
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answered on Jan 29, 2024

No, you will have to sue them first, get a judgment, then record the judgment as a lien.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can i get 50% of home equity if my gf refused to put my name on the deed/ mortgage after repeatedly asking.

Bought the house 8 years ago together (2015). We were told to keep my name off of deed so we could use it on a new house and get all the first time homebuyer credits. Fast forward (2019) i asked to put my name on deed she said she would and never did no matter how many times i asked. Feb 2023 she... View More

Anthony M. Avery
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answered on Dec 12, 2023

Your only hope is to sue her for a constructive/resulting trust, and partition sale thereafter. Hire a competent NH attorney as it will be difficult. A notice lis pendens will need to be filed at suit initiation.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for New Hampshire on
Q: can my manufactured housing co-op which is resident owned fine me for non attendance of the annual meeting

this is their wording on an illegal by our contract mail-in vote...attendance to annual meetings is mandatory for all members .The board will consider any requests for absentee ballots that include a reason such as hospitalization or out of state .attendance to the annual is a basic responsibility... View More

William J. Amann
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answered on Nov 12, 2023

RSA 205-A defines a manufactured housing park as any parcel of land under common ownership or control that contains, or is designed to contain, two or more manufactured housing units such as mobile homes. Owners and operators of manufactured housing parks are prohibited from:

Requiring more...
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1 Answer | Asked in Real Estate Law and Banking for New Hampshire on
Q: What is the Statute when the mortgage company will not provide the payoff statement?

Sold a house a week ago, and have been requesting the payoff statement for months.

T. Augustus Claus
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answered on Oct 10, 2023

In New Hampshire, when it comes to residential mortgage loans, lenders are generally obligated to provide payoff statements to borrowers in a timely manner. Under the federal Real Estate Settlement Procedures Act (RESPA), upon receipt of a written request from the borrower, the servicer is usually... View More

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is it possible to force a co-owner to sell or refinance?

2 years ago I purchased a home with the partner I’d been with for 8 years, both our names were put on the deed and mortgage (though I put in more than double the money he did and it was MY great credit that got us it). We separated shortly after and he has since REFUSED to sell it, refinance, buy... View More

John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Unless it is his homestead, this sounds like a job for a suit to partition by sale. Co-owners of real property (called co-tenants in common in law) can petition the court at any time to partition the property by sale. The court will balance the equities based upon each party's contributions... View More

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: How much time do you have to file a new deed of property ownership?
Anthony M. Avery
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answered on Jun 1, 2023

You do not have to ever record a Deed. But if you do not, then the Deed is only controlling between the Parties in the Deed, with no notice to the world of title. Without recording, others can claim title instead of the actual owner.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: For commercial office leasing space if landlord wants one check BUT there are several tenants responsible...

is it better to ask for all names to be on the lease or use a separate contract between the 4 tenants so the one who actually signs the lease is not 100% responsible. Thanks

Peter J. Weinman
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answered on Apr 11, 2023

I'm not sure I follow the question and I think anyone who wants to answer you will need more information.

- Four of you are renting commercial space, but there's no entity (LLC, Corp, etc.?) - just four individual people?

- Currently, only one of the four is named on...
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1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can I sue for undisclosed well issues during purchase of my home?

We bought a house four years ago. As of recent, we have discovered serious issues with the well. We called the same plumber the previous owner used. He disclosed to us that the previous owner was aware of issues with the well since 2006. Nothing was disclosed to us at closing or at all. Can we sue?

Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

The short answer is, maybe. The purchase agreements, disclosure documents and other related documents would need to be reviewed to determine how best to proceed. Often time, the contract will require mediation first. A real estate attorney would be able to help you review these documents and... View More

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Someone wants me to lease property across the street from my property and use my address is this legal
Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

Hi there. I would need a lot more information and a better understanding of your situation to determine the answer to your question. Please feel free to contact me to discuss.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is a License to Sell real estate of a deceased person necessary when someone has power of attorney for the deceased?
Alexandra Brewer
Alexandra Brewer
answered on Jul 13, 2022

First, not all power of attorney agreement will include the authority to sell property. Often if it does, it is applicable only while the donor is alive unless there was some sort of transfer of that right. Second, whether or not the property has already been transferred or disposed of would be an... View More

1 Answer | Asked in Consumer Law, Contracts, Copyright and Real Estate Law for New Hampshire on
Q: We have acquired this business, how to reserve patent
William J. Amann
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answered on Jul 13, 2022

Thanks for your question. In order to answer fully, I'd need to know, at a minimum, terms of the business purchase and what you want to patent. I'd also need to review the business purchase documents. If you're interested in hiring my firm for this, please just let me know. Thank you.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can you pay a lien on a home and own the home if there is no mortgage?
Alexandra Brewer
Alexandra Brewer
answered on Jul 12, 2022

I would need a bit more information to thoroughly and thoughtfully answer this question. Having a lien on a property does not necessarily lead to ownership. A lienholder would need to foreclose or auction the property, if applicable, and the highest bidder would become the owner of the property.... View More

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: what is the NH statute of limitations of a private mtg w/a maturity date of 4/1/1998
Alexandra Brewer
Alexandra Brewer
answered on Jul 12, 2022

This really depends on your claim. In New Hampshire, undischarged mortgages that have been on record for more than 50 years become void unless prior to the 50 years the mortgagee or assignee state the mortgage is not discharged, and upon recording of such, the 50 years begins again. N.H. RSA... View More

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... View 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... View More

2 Answers | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for New Hampshire on
Q: I am the trustee of a living trust. Can a court take the real property in the trust if I have a judgment against me?

I may file bankruptcy. Is the real property in the trust considered my asset? Can it be taken away from me? (I am co-trustee and beneficiary)

Nina Whitehurst
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answered on May 2, 2020

The answer could go either way depending on the terms of the trust. Have an attorney who understands trusts and asset protection review this trust.

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