Meeting/Event Information

• The origin of the common law rules.
  • How to read the cases.
• An outline of the rules of boundary construction including:
  • The priority or hierarchy of boundary calls.
  • Monuments in the field control over measurements in the deed.
    • The mathematically reconstructed boundary line problem.
  • Natural monuments.
  • Roads as monuments.
  • The intent of the parties at the time of conveyance (Chao v. Richey).
• References to maps in a deed.
• Types of deed descriptions.
• Notes on drafting deed descriptions.
• Notes on drafting easements.

Attorney Nix practices in Gilford, New Hampshire, concentrating on real estate and boundary law. Mr. Nix received his B.S. degree, cum laude, from the University of New Hampshire and received his J.D. from Franklin Pierce Law Center (UNH School of Law). He has been a licensed land surveyor for over thirty years in New Hampshire and Maine and a practicing attorney in New Hampshire for twenty years.

Prior to attending law school, Attorney Nix was a partner in a civil engineering firm in central New Hampshire as chief surveyor and project manager. His work included residential and commercial subdivision and site plan design and permitting, ALTA/ACSM land title surveys, preparation of condominium plans, environmental permitting, and expert witness.

He has lectured for the New Hampshire Municipal Law Lecture Series, the New Hampshire Land Surveyors Association, the New Hampshire Bar Association, and other professional groups. He was an adjunct professor at the University of New Hampshire Thompson School of Applied Sciences teaching the legal aspects of land development and land surveying. He is a member of the New Hampshire Bar Association, the New Hampshire Land Surveyors Association and National Society of Professional Land Surveyors. Attorney Nix also sat on the Gilford Land Conservation Task Force, the Gilford ZBA and was a Gunstock Recreation Area Commissioner. He has been specially appointed by the New Hampshire Supreme Court to sit on the Housing Appeals Board on certain cases.

Attorney Nix’s practice is focused on boundary law, complex title issues, real property and planning litigation, real estate transactions, land use and development, conservation easements, access rights, littoral rights, condominium law and other real property matters. Attorney Nix’s background as a licensed land surveyor provides a unique multi-professional perspective in his legal practice.

Case #2: Presented by Dennis D. McKenney, NHLLS 691

Topic: Exodus 20: 17---Thou shall not covet...

213-2023-CV-00035
Jones et al v. Weston et al
a 73' +- boundary line in Stoddard, NH

Synopsis: Is the boundary described in a 1941 deed the division line between the property of Jones and Weston? Did a poorly crafted deed from the 1990's create a gore between these properties? Do the common law principles and case law as published in our familiar boundary surveying textbooks ever lead to a different location, one contrary to the deed? Do field notes matter? What happens when a Licensed Land Surveyor 'overlooks generally accepted surveying principles'? How important is parole evidence and testimony? What import did the Court place on non-Registry of Deed public records?

In addition, Defendant Weston will be our guest and share her experience and perspective on the legal process, the variety of challenges faced, and some personal observations on our profession as she witnessed.

Dennis has 49 years’ experience and counting looking at trees and stumps for both forestry and land surveying projects. This work has taken him to every NH county and his clients have included the US Forest Service, NH Fish and Game, many municipalities, and countless private landowners. He prefers remote locations and is self-diagnosed as allergic to urban areas.

He has been a retained expert in disputes involving trees, timber and boundary lines including several involving trees, personal injury, and boundary lines. Most recently he has been a contributing author to a textbook under joint development by the Society of American Foresters and the Association of Consulting Foresters by authoring two chapters: Boundary Surveys and the Expert Witness. He resides in Bennington with his wife of 46 years on their managed woodland and, more importantly, is the proud “Poppa” to nine grandchildren.

Case #3: Presented by Paul Alfano, Esq.

Topic: Implied Easements in New Hampshire

Attorney Alfano will discuss the ways in which easements may be created without an express grant. These easements largely are products of New Hampshire’s common law, meaning the underlying theories were created by courts rather than the legislature. Without statutes, it can be difficult for someone to know whether an implied easement may exist. Attorney Alfano will outline the theories he has encountered in his practice and attendees should leave the seminar better equipped to spot the potential for an implied easement.

Paul is a recognized authority on New Hampshire road law and easements. He has written leading articles on these subjects and delivered numerous lectures over the past thirty-five years and maintains a steady stream of blogs and shorter articles on these topics. His law firm's website is a rich source of information on roads and easements.

Paul also represents individuals and businesses in other aspects of real estate law, including commercial, industrial and mixed-use site development, sales and purchase transactions, lease negotiation and enforcement, condominium and subdivision creation and management, local planning and zoning board approval, financing transactions, and tax abatements.

Along the way, Paul has served as Legal Counsel to the New Hampshire State Senate, a director of the United Way of Greater Manchester, and Chairman of the Long-Range Planning Committee for the New Hampshire Bar Association.

Paul is admitted to practice in New Hampshire in both the federal and state courts. He is a graduate of Boston University School of Law and Harvard College. His law firm, Alfano Law, PLLC, has its main office in Concord, New Hampshire and additional offices in Keene, Portsmouth and Bedford.

Case #4: Presented by Brett Allard, Esq.

Topic:

Brett will be presenting some case studies on decisions pertaining to planning and zoning law that have been issued by the NH Supreme Court in 2024.

Since graduating from the University of New Hampshire School of Law as a member of the Daniel Webster Scholar Honors Program, Brett has focused his practice on real estate and land use law. Brett advises clients in all aspects of land planning, zoning, and real estate development matters, helping them navigate through the maze of local, state, and federal permitting. He is well-versed in handling all types of development projects, from basic lot line adjustments to large complex residential subdivisions, commercial projects, mixed use planned unit developments, and roadway issues. Brett previously worked with the New Hampshire Department of Environmental Services Wetlands Bureau and has extensive experience representing clients in lakefront and shoreland development projects. Brett also assists clients in landlord tenant matters and residential and commercial transactions, including acquisitions, dispositions, leasing, and financing. When Brett isn’t working, he enjoys spending his free time playing golf, hockey, snowboarding, and traveling.

Tentative Seminar Schedule - 2.0 CEUs – Main Hall

Quarterly Business Meeting Schedule - Attend 50% of Meetings and receive 1.0 CEU.

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