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New Hampshire Real Estate Law Questions & Answers
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: 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 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: 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: 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 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: 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 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 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 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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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... View 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...
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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... View 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... View 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... View 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... View More

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