New Hampshire Land Laws

This information applies to landowners, tenants, easement holders, land users and land managers. RSA 675:9 establishes the New Hampshire Office of Strategic Initiatives (OSI) as the state custodian for all local land use regulations and documents, including master plans, zoning ordinances, historic district ordinances, capital improvement plans, building codes, subdivision bylaws, historic district by-laws and site plan review by-laws. RSA 675:9, in effect since 1983, also authorizes the OSI to conduct an annual survey of all communities to collect information on new or amended land use orders. This article aims to highlight the results of the 2018 survey conducted by the 234 municipalities as well as nine village counties with zoning authority and Coos County, which has zoning authority over 23 unincorporated areas in the North Country. In addition, this article includes data on zoning change updates submitted by 76 municipalities after their 2019 annual municipal meetings. Full results and analysis from the 2018 Municipal Land Use Ordinance Survey are available at www.nh.gov/osi/planning/services/mrpa/land-use-survey.htm. Overview of tenants` rights in New Hampshire and the laws that protect them, including information on deposit return deadlines, anti-discrimination laws, and more. Helpful definitions in RSA 212:34, Due Diligence Act “Fee” means a payment or fee paid by a person to the landowner for the entry or use of the site for outdoor recreational activities. “landowner” means an owner, lessee, holder of easement, occupant of the property or a person who manages, controls or supervises the premises on behalf of such owner, lessee, holder of servitude or occupant of the premises. If there is something dangerous on my property and I keep the area, put up signage or verbally talk to a recreational user, do I accept responsibility? No, a warning from a landowner, whether verbal, poster, custodial or otherwise, does not establish responsibility for an allegation that the warning was insufficient or inadequate. The exception is when the landowner does not warn of dangerousness. The survey includes municipalities that do not have traditional zoning ordinances, as some have other types of land use by-laws, including subdivision by-laws, non-residential site plan review by-laws, a wireless telecommunications ordinance, sign by-laws, and/or a drinking water protection order. Some of the municipalities that do not have traditional zoning orders also participate in the National Flood Insurance Program and have separate floodplain development orders that are followed by our Office`s Floodplain Management Program separately from this survey.

Do I have to pay my legal fees if I am found not responsible in court? No. If the court finds that there is no reasonable basis for bringing an action against the landowner, the plaintiff will be ordered to pay reasonable attorneys` fees and costs incurred by the landowner in defending the claim. Summary of laws and regulations related to real estate and property-related issues, such as rent protection for tenants and legislation to protect home and property owners. If someone comes to my country and gets injured, am I responsible? No, except in a few rare cases. The Landowners` Liability Act (RSA 508:14) and the Due Diligence Act (RSA 212:34) protect landowners from liability if someone is injured on their property. If someone uses your land for outdoor recreational activities and is injured on your property, you assume no responsibility. You are protected whether or not you grant permission to use the land and whether or not you sign your land as a “Trespassing Block”. “Premises” means land owned, managed, controlled or supervised by the landowner on which the outdoor recreation activity referred to in this Division takes place. Is it still possible for me to be sued despite the Land Liability Act? Yes, but the law contains a provision that makes the plaintiff liable for any legal costs that may have a deterrent effect on the institution of an action.