Property Disputes in Nashua, NH

Are you in Nashua and grappling with a property dispute?

Local conflicts often include boundary disagreements, ownership conflicts, or construction issues. Getting through these successfully requires more than some legal research. It calls for a keen understanding of local laws and regulations.

Consider the details in our guide before you find yourself lost in a maze of legal proceedings. We’ll explore the details and benefits of seeking professional legal assistance below.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Nashua, 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

In Nashua, property dispute cases usually go through the Superior Court of New Hampshire. It handles many civil matters, including local real estate and property issues.

Common Types of Nashua, 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 disagreeing 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 Nashua 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 Nashua, New Hampshire Property Disputes

New Hampshire RSA 227-J:8 deals with a person cutting, removing, or causing damage to another’s tree without permission. They may be liable for triple the amount of the appraised value. The same applies to timber, shrubs, etc.

Additionally, Nashua residents may want to pay attention to the state’s Right to Farm Law. RSA 432:32-35 provides significant protections for farmers and their operations. This law says agricultural activities should continue without litigation if consistent with good practices. Therefore, they receive protection from nuisance lawsuits over noise, dust, smells, etc.

Legal Process for Boundary Disputes In Nashua, New Hampshire

Has someone brought a property dispute against you in Nashua, 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 Nashua, 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.

Several New Hampshire statutes apply to property lines and fencing in Nashua. For example, RSA 472:6 bans spite fences designed to annoy neighbors. Additionally, RSA 473:1-4 outlines the responsibility to maintain fencing. Adjacent landowners should share the cost equally.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Nashua, New Hampshire can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

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 Nashua 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

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Nashua, NH property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

Work With an Experienced Local Property Dispute Lawyer In Nashua, 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 that understands Nashua 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!