Many lakefront cottages in New Hampshire have been built on or near private roadways located off public roads. Questions often arise about the rights and obligations associated with private roads, especially when a private roadway is located on a portion of someone’s cottage lot (and not simply alongside of and outside of the bounds of that lot). In that situation,…
The New Hampshire Supreme Court ruled a divorce court does not have the powers of a bankruptcy court in the case of Katherine F. Beal and R. Keith Beal on April 11, 2006. In the Beal case, the divorce court was asked, as is frequently done, to divide up the parties’ assets and debts. The couple had assets of approximately…
If you are borrowing money from a friend or business associate, it is wise to have a written Promissory Note (hereinafter “Note”) defining the extent of your obligations. Likewise, if you are loaning money to a friend, you should have a Note. The Note should state how much money was borrowed, how much interest is being charged, and when the…
A medical malpractice case, while fundamentally easy to understand, can be one of the most difficult cases to try in a New Hampshire courtroom. In a medical negligence action, the plaintiff must prove a claim that is very similar to an ordinary negligence case, such as a slip and fall or automobile accident. Specifically, the plaintiff must demonstrate that the…
Accidents are not always one-sided affairs with one party solely responsible for the loss. Accidents may be caused by many factors, such as the conduct of the defendant, the conduct of third parties, or even the conduct of the plaintiff. In personal injury cases, a jury is faced with the sometimes difficult task of assigning fault between the plaintiff and…
The purpose of this article is to assist in the interpretation of the “hardship” standard within the variance application process. The hardship standard or test is one of 5 criteria to be demonstrated by the applicant in order to obtain the variance. Generally, the criteria are: 1) The variance will not be contrary to the public interest; 2) Special conditions…
An agreement between an employer and his employee which restricts the employee from competing with the employer after he quits or is fired can be enforceable and can restrict and limit the employee’s options for work after he leaves the employer. Basically, under New Hampshire law, employment restrictive covenants on competition are narrowly construed to protect the legitimate business interests…
There are a number of reasons why the validity of a will might be challenged. The process can be highly contentious and the outcome depends on the specific facts of the individual challenge. An attorney can be of invaluable assistance to you in assessing the facts of the situation, weighing the alternatives and deciding how best to proceed. Sometimes a…
The New Hampshire Supreme Court, in a relatively short opinion, held that an obligor’s attempted suicide does not necessarily disqualify his request for modification of child support. In the matter of Fontaine and Dunn, Mr. Dunn and Ms. Fontaine had twin daughters. The couple was never married. In 2001, Mr. Dunn sustained a self inflicted gun shot wound to the…
In this very difficult economy, many homeowners have found themselves unable to meet their monthly financial obligations, including their mortgage payment which often tends to be one of the larger items on the list. Here are some of the questions we’ve been hearing: 1. Who exactly does own my mortgage? After I signed the papers at the closing, I received…