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Old 11-20-2020, 06:02 PM   #1
nightrider
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Default Question for you attorneys out there

If someone is legally restricted from being at a nh location owned by said person, does that person still have to pay real estate taxes on said property for the duration of the restricted time?
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Old 11-20-2020, 06:05 PM   #2
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Default Attorney question

I should add restriction is from the governor for a non criminal reason(covid).
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Old 11-20-2020, 06:33 PM   #3
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If someone is legally restricted from being at a nh location owned by said person, does that person still have to pay real estate taxes on said property for the duration of the restricted time?
I am not an attorney but the owner of record is and continues to be responsible for taxes as long as it is in his/her name. They are also responsible for insurance, maintenance, liabilities, etc.

Just because they can't occupy the premises (voluntary or involuntary) doesn't excuse them from liabilities. I also assume the property remains protected by City or Town police and fire services (paid for by Real Estate taxes).

Can you imagine what sort of havoc would occur all over the USA if this were the case? How would municipalities survive without the revenue?
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Old 11-20-2020, 07:08 PM   #4
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If someone is legally restricted from being at a nh location owned by said person, does that person still have to pay real estate taxes on said property for the duration of the restricted time?
Yes, you are.

Just as you'd have to pay the property tax on your home if a court had ordered you to stay away due to a domestic violence restraining order.
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Old 11-20-2020, 07:56 PM   #5
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Good luck making that argument. I asked a similar question when the state shut my business down yet I was still required to pay my rent and mortgage and real estate tax.
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Old 11-20-2020, 08:05 PM   #6
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If someone is legally restricted from being at a nh location owned by said person, does that person still have to pay real estate taxes on said property for the duration of the restricted time?
I'm not an attorney, either, although do have certification as a paralegal since 1998 and recognize only an attorney can give legal advice (see UPL, unlawful practice of law and Chapter 311 of the NH RSA's), but would depend on "legally restricted". Opinion, not legal advice (protected by US Constitution).

Your stated payments are due by you, notwithstanding.

"Legally restricted," understood to mean, follow a legitimate government order, has nothing to do with other commitments and benefits.

You can choose to adhere to government order or challenge its legitimacy.

Analogous to paying NH town taxes, but not being able to legally vote due to non-residency.
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a nh location owned by said person,
You could also divest yourself of the presumed asset, that is governed by the government order.

Your choice!
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Old 11-20-2020, 11:34 PM   #7
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Said person should probably just take advantage of the current seller's market and put their property up for sale.
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Old 11-21-2020, 07:14 AM   #8
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I once had a tenant with a lease that claimed due to a restraining order obtained by the partner also residing in the house he was no longer responsible for the rent because he couldn't live there. The court ruled that he was responsible.

It is sort of like trying to say that if you drive your car into a tree you are no longer responsible for the payments because you can't use the car. Sorry, that argument won't fly.
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Old 11-21-2020, 07:20 AM   #9
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If someone is legally restricted from being at a nh location owned by said person, does that person still have to pay real estate taxes on said property for the duration of the restricted time?
Smart, I love it.
Unfortunately it does not work that way.

You should look into becoming a lawyer.
You would be a good one, crooked but good.
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Old 11-21-2020, 07:25 AM   #10
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Someone in the town next to me claimed that because the bank held a mortgage, they were responsible for that portion of his real estate tax. He also claimed his property was a church and thus tax exempt. He ended up losing the property.
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Old 11-21-2020, 02:20 PM   #11
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Someone in the town next to me claimed that because the bank held a mortgage, they were responsible for that portion of his real estate tax. He also claimed his property was a church and thus tax exempt. He ended up losing the property.
In that vain, boating should be a religion, that all to many here worship. We should convert our marinas into churches of the sea. Plenty of Gods and deities to choose from, Poseidon, Selkie, Triton, and more. All our contributions to the "church" could be deducted as tithing and contributions to "the church". Being a church, no taxes, reducing the cost to them, and us. Yes. No. Probably no, but a fun idea.
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Old 11-21-2020, 04:58 PM   #12
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If someone is legally restricted from being at a nh location owned by said person, does that person still have to pay real estate taxes on said property for the duration of the restricted time?
I am sure that you and others posting on this thread are full aware of this, but since I am not seeing anyone post this.....

You are NOT "being restricted from your NH location". You are only being asked to quarantine if you travel from outside the state..... "ASKED"... There are no LE stationed at the state lines.... Noone at the grocery store is asking for evidence.... There are no fines if you say NO.
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Old 11-21-2020, 05:15 PM   #13
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In that vain, boating should be a religion, that all to many here worship. We should convert our marinas into churches of the sea. Plenty of Gods and deities to choose from, Poseidon, Selkie, Triton, and more. All our contributions to the "church" could be deducted as tithing and contributions to "the church". Being a church, no taxes, reducing the cost to them, and us. Yes. No. Probably no, but a fun idea.
Ozark, on Netflix, a much less pleasant lake than our own, Season 2(?)
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Old 11-21-2020, 06:03 PM   #14
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Ozark, on Netflix, a much less pleasant lake than our own, Season 2(?)
We liked that one! We have gone through many “series” on Netflix, a couple of losers but mostly very good!
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