Bartlett Land Use & Zoning Lawyer, New Hampshire
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Ross V Deachman
Commercial Real Estate, Land Use & Zoning, Estate Planning, Trusts
Status: In Good Standing
66 Main St, Plymouth, NH 03264
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LEGAL TERMS
DONATION
A gift of property. The IRS allows you to take an income tax deduction for the value of donations made to charitable organizations who are recognized as such by... (more...)
A gift of property. The IRS allows you to take an income tax deduction for the value of donations made to charitable organizations who are recognized as such by the IRS.
ENCROACHMENT
The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of... (more...)
The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of the builder. Solutions range from paying the rightful property owner for the use of the property to the court-ordered removal of the structure.
LEGACY
An outdated legal word meaning personal property left by a will. The more common term for this type of property is bequest. Compare devise.
NONDISCLOSURE AGREEMENT
A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper a... (more...)
A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper authorization. Nondisclosure agreements are often used when a business discloses a trade secret to another person or business for such purposes as development, marketing, evaluation or securing financial backing. Although nondisclosure agreements are usually in the form of written contracts, they may also be implied if the context of a business relationship suggests that the parties intended to make an agreement. For example, a business that conducts patent searches for inventors is expected to keep information about the invention secret, even if no written agreement is signed, because the nature of the business is to deal in confidential information.
SEVERABILITY CLAUSE
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the... (more...)
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.
SEVERANCE PAY
Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severanc... (more...)
Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severance pay, although the employer may be legally obligated to do so if it was promised in a contract or employees' handbook.
EMINENT DOMAIN
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.
SETBACK
The distance between a property boundary and a building. A minimum setback is usually required by law.
RIGHT OF SURVIVORSHIP
The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.
SAMPLE LEGAL CASES
McNamara v. Hersh
... The McNamaras never appealed the decision to issue the building permit to the local
zoning board of adjustment. ... Ordinarily, challenges to decisions regarding building
permits must first be made to the zoning board of adjustment. ...
Batchelder v. TOWN OF PLYMOUTH ZONING BD.
The petitioners, William and Elizabeth Batchelder, appeal an order of the Superior Court
(Vaughan, J.) upholding decisions of the Town of Plymouth Zoning Board of Adjustment
(ZBA) and the Town of Plymouth Planning Board (Board) approving the site plan of ...
COMMUNITY RESOURCES v. City of Manchester
... The defendant, the City of Manchester (City), appeals an order of the Superior Court (Barry, J.)
ruling that the City's zoning ordinance prohibiting correctional facilities in all of its zoning districts
is unconstitutional as applied to the plaintiff, Community Resources for Justice, Inc. ...
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