Real Estate

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    Buyer Beware! (Of Ghosts?)

    The crunching of leaves, cold nights preceding comfortably cool days, October is the epitome of fall. Halloween is one of the most beloved holidays in this country, surely netting millions for the Nestlé Company and your local dentists. Halloween is known for emphasizing (and celebrating) the things that scare us. However, many places in this country attempt to make money all year-round in an attempt to monetize the bizarre, unknown, and frightening. What people often do not think about is the legal impact of such actions. In Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991), a New York Court was forced to decide that “as a matter of law, [a] house [was] haunted.” Yes, in a 1991 case riddled with ghostly-puns, a Court…

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    Landlord and Tenant Law: The Eviction Process

    Often clients, especially tenants, are confused by the eviction process. The first step in any eviction is to serve a “Notice to Quit” or Eviction Notice. The Eviction Notice spells out the basis for the eviction and specifies the time period the tenant has to leave. If the eviction is based on failure to pay rent, a Demand for Rent should accompany the Notice to Quit. Both the Notice to Quit and Demand for Rent forms are available online at the NH State website. If you are a landlord and are not sure what you should put on the form, and what you should be evicting your tenant for, you should contact an attorney to help you. Our firm handles Landlord and Tenant matters and…

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    Property Law: Adverse Possession

    At Parnell, Michels & McKay, we handle a fair amount of property litigation cases. One such type of litigation are claims made through adverse possession. It is one of the oldest forms of law in property and involves the taking of title to property without having to execute a written deed. It most commonly arises in boundary line disputes and can involve something as innocuous as the misplacement of a fence by a friendly neighbor. However, the effects this doctrine can have on people’s property can be immense, so it is important to try to understand the concept of adverse possession and to seek legal advice as soon as possible. Basically, the initial test is whether the person claiming adverse possession has acted as the…

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    Property Law Series: Adverse Possession

    At Parnell & McKay, we handle a large number of property litigation cases. One such type of litigation is claims made through adverse possession. It is one of the oldest forms of law in property, and involves the taking of title to property without having to execute a written deed. It most commonly arises in boundary line disputes, and can involve something as innocuous as the misplacement of a fence by a friendly neighbor. However, the effects this doctrine can have on people’s property can be immense, so it is important to try to understand the concept of adverse possession and to seek legal advice as soon as possible. Basically, the initial test is whether the person claiming adverse possession has acted as the true…