Property Disputes in New Hampshire
Property disputes in New Hampshire are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear. Find out what you can do if you have a property dispute in New Hampshire. Discover the legal remedies and actions that can help you clear up a misunderstanding or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. New Hampshire 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
Small claims courts will have jurisdiction if your property dispute involves less than $7,500 in damages. Otherwise, the New Hampshire Circuit Court will adjudicate with one of its divisions.
Common Types of New Hampshire Property Disputes
Often, the result of a property dispute in New Hampshire is the plaintiff will receive compensation to cover their losses. The most common property disputes 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 New Hampshire 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 New Hampshire Property Disputes
Some property dispute issues have a special history regarding state legislation. The New Hampshire Municipal Association, for instance, has explored the challenges of tree damage. In general, a property owner has the right to grow, cut down, or trim trees as they see fit. But, if the government or a private party takes them down without permission, there is an entitlement to compensation. The courts have delivered decisions that made the guilty party three to as much as ten times the market value of the timber. The lack of consistency typically results in arguments over which cases are the proper precedence.
Another frequent cause of legal concern involves what’s known as a right-to-farm law. According to the New Hampshire Law Library, some statutes give agriculture immunity in civil complaints. While they don’t use the phrase “right to farm,” the effect remains the same.
Legal Process for Boundary Disputes in New Hampshire
Has someone brought a property dispute against you in New Hampshire, 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 New Hampshire 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.
New Hampshire Statutes contain several laws regarding fences and boundaries that may apply in your case. First, state law places the responsibility of building and maintaining fencing equally among property owners. Current legislation also allows for anything reasonably adequate to become considered a legal fence. Since language like this can leave some ambiguity, having an attorney to argue your case can be even more necessary than usual.
Try to Find a Solution with Your Neighbor
New Hampshire dispute litigation can cost a fortune, not to mention it can take a long time to settle a dispute. That’s why 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, then it’s time to take legal action.
Send a Demand Letter
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.
This letter will be from your New Hampshire 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.
Go to Court or Reach a Settlement
The most practical solution for both parties in a property dispute is often to settle out of court, avoiding the high costs and extended timelines associated with litigation. However, if negotiations stall and no resolution is reached, filing the dispute with the court may become necessary.
Once in court, the judge will thoroughly review the evidence submitted by both sides to determine ownership of the property in question. If no settlement is reached, the court will issue a legally binding decision based on the presented facts. While the outcome may not align with your preferences, it is final and enforceable. This underscores why pursuing an out-of-court resolution is usually the most favorable path.
Work With an Experienced Local Property Dispute Lawyer in 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 New Hampshire 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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