Property Disputes in Manchester, NH
Property disputes are a frequent issue in , often arising between neighbors, businesses, and even government entities. While people naturally want to protect their property, boundary lines and ownership rights aren’t always as clear as they seem.
If you’re facing a property dispute in , , it’s important to understand your legal options. There are various remedies and actions available that can help resolve misunderstandings, facilitate settlements, or address any property-related concerns you may have.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Manchester, NH property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
The Hillsborough County Superior Court can hear Manchester property dispute cases, such as adverse possession. Upon appeal, the case may transfer to the New Hampshire Supreme Court.
Common Types of Manchester, New Hampshire Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Manchester where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Manchester, New Hampshire Property Disputes
According to the New Hampshire Municipal Association, the City of Manchester or a Manchester utility cannot cut or mutilate a tree without the Manchester landowner’s permission. If this happens, the landowner has the right to seek damages under the common law.
Additionally, the New Hampshire Law Library and the Nuisance Liability of Agricultural Operations statute functions as the state’s right-to-farm law. This statute gives agricultural operations immunity from public or private nuisance suits under certain conditions. Specifically, immunity holds if the farm has been operating for at least a year and was not a nuisance when it began.
Legal Process for Boundary Disputes In Manchester, New Hampshire
Has someone brought a property dispute against you in Manchester, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Manchester, NH property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
According to the Manchester Zoning Ordinance, you cannot install any fence, wall, or similar barrier without a city permit. In residential districts, Manchester limits fence heights to four feet when located in the front yard. Additionally, if the fence is located in the required side yard, the limit is six feet. Furthermore, if the fence is located in the rear yard, the height limit is eight feet.
Try to Find a Solution with Your Neighbor
Property disputes in Manchester, New Hampshire can be both costly and time-consuming if they end up in litigation. Opening a dialogue with your neighbor may help you reach an agreement outside of court, saving you both time and expenses.
Start by communicating directly with your neighbor. A respectful letter, email, phone call, or a safe in-person visit can often pave the way for resolving the issue without formal legal action.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
This letter will be from your Manchester attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
Often, the most practical solution for both parties is to settle the dispute out of court, avoiding high litigation costs. However, if negotiations stall, filing the dispute in court may become necessary. The court will examine the evidence and make a binding decision on property ownership in Manchester, NH. This outcome might not align with your expectations, which is why settling outside of court is generally in your best interest.
If you take your case to court, you and your attorney can file with the Hillsborough County Superior Court North, in Manchester.
Work With an Experienced Local Property Dispute Lawyer In Manchester, New Hampshire
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Manchester property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across New Hampshire state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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