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New Hampshire Real Estate Law Questions & Answers
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... Read more »

0 Answers | Asked in Contracts, Personal Injury, Real Estate Law and Constitutional Law for New Hampshire on
Q: I own a 57yr old mobile home but do not have homeowners insurance. Can I require indemnification from unwanted visitors?

There is no mortgage; I only pay monthly lot fees. This is hypothetical, but if a State or Federal Agency were to serve a search warrant, could I require them to sign a document that indemnifies myself from liability for injury to themselves and also to recover any damage that might result to the... Read 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... Read 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
PREMIUM
William J. Amann
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.... Read 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... Read 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... 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 »

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
PREMIUM
Nina Whitehurst
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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1 Answer | Asked in Bankruptcy and Real Estate Law for New Hampshire on
Q: Can ucc1 lien be continued if there is no personal liability as it was eliminated in bankruptcy 7 and 1/2 years ago?

Bankruptcy discharged personal liability over 7 years ago. Ucc1 lien was in place at the time unbeknown to me and not addressed during bankruptcy and im just finding out about it as i am selling my home. third party bank filed continuance of lien attachment to property (fixture filing) in April of... Read more »

Timothy Denison
Timothy Denison
answered on Nov 9, 2019

Yes. You will need to reopen bankruptcy and avoid the lien to be free of it.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Buying a house the sellers Lawyers put this in the additional provisions. We may have to go to them for roof concession

Should we sign it.

“all fixtures, personal property, and real property to be transferred hereunder shall be as is with mo warranties express or implied

Vincent Gallo
Vincent Gallo
answered on Jun 9, 2019

Not if you don’t agree to those terms.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: My neighbors tree has large branches over hanging onto my property. Can I legally cut them if it’s their tree?
Israel Piedra
Israel Piedra
answered on May 28, 2019

There is no clear answer to this question in New Hampshire, surprisingly. The Vermont Supreme Court case of Alvarez v. Katz has some guidance (Vermont law): https://law.justia.com/cases/vermont/supreme-court/2015/2014-385.html.

Practically speaking, if you cut without permission, you are...
Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: I have a person that is not on any lease agreement, as he did not want to sign it with his GF. and the lease has been di

Person is not on lease, did not sign the lease and left items in garage bay of lease holder. lease holder has moved away and taken her property. She has confirmed that she has no more property in the garage bay. What can I do to regain the garage back for re-lease to someone else. What do I have to... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Jan 10, 2019

He may not have a lease but he did live there and was most likely considered a tenant, read the statute again, I believe you have to store his things for at least 28 days, better to be safe than sorry. You should also try and contact him through any means available to you, try facebook, phone... Read more »

1 Answer | Asked in Civil Rights, Contracts, Real Estate Law and Landlord - Tenant for New Hampshire on
Q: My son who is disabled had a verbal lease month to month with his girlfriend. In the process an aquatance established .

Residency and wont leave. Can the landlord hold me or my son responsible for this person who wont leave?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is Seller required to return deposit to Buyer despite Seller's offer to remedy as noted in the home inspection report ?

Home inspection report revealed a "minor" foundation crack that indicated "...if crack gets larger than 1/4" or allows moisture intrusion have epoxy sealed - monitor (minor)." Despite the seller's offer to remedy the crack, the buyer wants to walk away from the... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

The home inspection is one of the ways a buyer can get out of a contract-it also depends on the purchase and sales contract he signed with you. You could argue that such a minor infraction is not a breach of the agreement and that you should have the ability to cure the alleged defect, or you could... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: 3 siblings own home in tension common. On wants to sell & threatens to file act of partition. Can one sibling buy out

Ones share sai you would have 70/30?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on May 8, 2018

You can make any agreement you want to make, as long it is legal. make sure you hire an attorney to handle the transaction and file the proper documents in the registry of deeds.

2 Answers | Asked in Real Estate Law for New Hampshire on
Q: A home owned by three siblings. One wants to sell the others do not. The property is owned as tenants in common.

He is threatening to file act of partition . They each own 1/3. Would the other two have the right to buy the one out?

Vincent Gallo
Vincent Gallo
answered on May 8, 2018

A buyout is a most viable option instead of a partition action which could be costly and become emotionally heated.

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1 Answer | Asked in Real Estate Law for New Hampshire on
Q: I think a listing agent colluded with a buyer to purchase property below market value from my 92 year old mother.

The buyer then sold the property less than a month later at $200,000 profit. Is there anything I can do to rectify this?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

You can file a complaint with the police or with the real estate commission and have them investigate the matter. This sounds very serious so you should pursue this with the help of an attorney.

1 Answer | Asked in Civil Litigation and Real Estate Law for New Hampshire on
Q: Are there any laws that govern a shared private road and access to property?

We have a person who's shrinking the entrance way which will be causing a safety issue for those below this barrier. The owner won't reason nor remove the problem. She's doing this just to cause a problem for everyone below her property. This all started because she doesn't want... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Oct 19, 2017

One way to deal with this problem is to look at the documents that formed the private road to see what the rules say about how to deal with this and who is responsible-since you share the road with someone else. If you cannot resolve the issue you can go to court and have a judge make a ruling that... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can a seller of their home in NH hold the keys at closing until the buyers check clears ?
Vincent Gallo
Vincent Gallo
answered on Aug 5, 2017

That all depends upon how the contract that all parties to the transaction signed reads.

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