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HomeReal Property

Real Property

Carter Country Club, Inc. v. Carter Community Building Association

Arielle Van De Water December 28, 2021

No. 2020-0370 Dec. 28, 2021 Affirmed in part, vacated in part, and remanded.   Whether a restriction in a deed created a right to reentry or a possibility of reverter; whether a right to reentry could still be transferable on the facts of...

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Bellevue Properties, Inc. v. 13 Green Street Properties, LLC & a.

Arielle Van De Water October 8, 2021

No. 2020-0437 October 8, 2021 Affirmed.   Whether the trial court erred in dismissing a petition to quiet title and for declaratory judgment?   The plaintiff, Bellevue Properties owns and operates the North Conway Grand Hotel which...

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New Hampshire Alpha of SAE Trust v. Town of Hanover

Arielle Van De Water May 25, 2021

No. 2020-0034 May 25, 2021 Affirmed.   Whether the Town of Hanover Zoning Board of Appeals has subject matter jurisdiction to hear a fraternity’s appeal from a notice of violation   A fraternity was suspended by its national...

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State v. Beattie & a.

Arielle Van De Water November 19, 2020

An appeal from Coos County No. 2019-0460 Nov. 19, 2020 Reversed and remanded.   Whether the trial court erred in dismissing the landowners’ preliminary objections to the State’s taking in fee simple of .93 acres of their land along with the...

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Richard D. Arell, Jr., & a. v. Henry M. Palmer & a.

Arielle Van De Water October 30, 2020

No. 2019-0553 October 30, 2020 Reversed and remanded   Whether the trial court correctly found that a deed’s language relating to an easement for a well was ambiguous. Whether the trial court properly applied the rule of reason in directing...

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Edward Favart v. Steven Oulette, & a.

Nancy Gross June 25, 2020

Property Law No. 2019-0197 May 22, 2020 Affirmed in part reversed in part remanded. Whether an implied easement may be inferred based upon historical use of properties This lawsuit originated in 2017, when the plaintiff filed a lawsuit requesting...

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Balzotti Global Group, LLC, & a. v. Shepherds Hill Proponents, LLC, & a.

Nancy Gross June 25, 2020

Property Law No. 2019-0120 May 27, 2020 Affirmed. Whether the plaintiffs’ claim brought in February 2018 were time-barred or if the discovery rule tolled the statute of limitations; and whether certain evidence was properly admitted or should...

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Lauren Shearer v. Ronald Raymond & al

Arielle Van De Water January 13, 2020

No. 2019-0688 January 13, 2021 Vacated and Remanded   Whether the owner of landlocked property has an easement for ingress and egress over a public highway that was discontinued by town vote prior to enactment of the statutory right of...

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