Legal Question in Appeals and Writs in New Hampshire

Appeal a court ruling.

I planned on building a barn for a couple of horses on my property. And obtained a permit from the planning board. This apparently violates a restrictive covenant in the deed as pointed out by a neighbor who filed a grievance with the town. I agreed not to pursue the barn, informed the neighbor and the permit was pulled. This neighbor started court proceedings to keep me from building the barn. I did not go to the hearing, I considered the issue settled. The court found in his favor and now I am expected to pay the legal fees. Most of the fees were accrued after the permit was pulled and my house was put up for sale.

Can I appeal the awarding of legal fees only or do I have to appeal the whole case?


Asked on 2/12/08, 10:27 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Appeal a court ruling.

You ought to consider seeing a real estate attorney as soon as possible. New Hampshire procedure may require an appeal of both issues, or you might be able to go back to the trial court and get relief.

And ask the lawyer about tendering this to your title insurance company. The problem has to do with a covenant running with your land and its validity. There might be a possibility you are insured for this, but you won't know until someone reviews the policy. Depending on New Hampshire law, you might also ask the lawyer about tendering this to your homeowners insurer.

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Answered on 2/12/08, 1:30 pm


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